Madras High Court
K.Karunakaran vs The Joint Commissioner Of Labour – ... on 26 July, 2023
W.P.No.2037 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.07.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.2037 of 2020
K.Karunakaran ... Petitioner
Vs.
1.The Joint Commissioner of Labour – II,
O/o.The Joint Commissioner of Labour – II,
DMS Compound, Teynampet,
Chennai – 600 006.
2.The District Collector,
O/o.Chengalpattu District Collector,
Chengalpattu. ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorarified Mandamus to call for the records on the
file of the first respondent in ref. M2/4224/2019 dated 03.06.2019
and quash the same and consequently direct the first respondent to
dispose the representation dated 15.09.2018 on merits.
For Petitioner : Mr.K.Karunakaran
Party – In – Person
For Respondents : Mr.M.S.Prem Kumar
Government Advocate
1/5
https://www.mhc.tn.gov.in/judis
W.P.No.2037 of 2020
ORDER
The petitioner has filed this writ petition seeking issuance
of Writ of Certiorarified Mandamus to call for the records on the file of
the first respondent in ref. M2/4224/2019 dated 03.06.2019 and
quash the same and consequently direct the first respondent to
dispose the representation dated 15.09.2018 on merits.
2.The case of the petitioner is that the petitioner was employed
by the Binny Beach Engineering Company and some of the workers
including the petitioner formed Binny Beach Engineering Workers
Union. The petitioner was the Joint Secretary of the Union from the
year 1993 to 2003. While so, a third party claimed that he is the
office bearer of the Union and filed E – Form return during the year
2013 and also indulged in misappropriation. Hence, the petitioner
made representation to the respondents to initiate action against the
said third party, however, the first respondent directed the petitioner
to file separate proceedings before the Court of law. Hence, this writ
petition.
3.The petitioner appeared before this Court as Party – In –
https://www.mhc.tn.gov.in/judis
W.P.No.2037 of 2020
Person and submitted that the petitioner and some workers filed
A.S.No.119 of 2012 as against M/s.Binny Beach Engineering Workers
Union, Chennai, represented by its Secretary Santhanakrishnan and
others before the VII Additional City Civil Court at Chennai as against
the judgment and decree dated 30.06.2009 passed in O.S.No.1789 of
2008 by the learned XI Assistant Judge, City Civil Court, Chennai and
the said appeal suit was dismissed vide judgment dated 24.06.2015.
Hence, this writ petition.
4.Heard the arguments advanced on either side and perused
the materials available on record.
5.Perusal of records reveal that O.S.No.1789 of 2008 was filed
by the petitioner and others before the learned XI Assistant Judge,
City Civil Court, Chennai seeking to dissolve M/s.Binny Beach
Engineering Workers Union and as against the judgment and decree
dated 30.06.2009 passed in O.S.No.1789 of 2008, the petitioner has
filed A.S.No.119 of 2012 before the VII Additional City Civil Court at
Chennai and the said appeal suit was dismissed vide judgment dated
24.06.2015. Hence, the petitioner ought to have preferred second
appeal challenging the judgment made in A.S.No.119 of 2012,
https://www.mhc.tn.gov.in/judis
W.P.No.2037 of 2020
however, the petitioner has filed this writ petition which is not
sustainable one.
6.The writ petition is dismissed. However, liberty is granted to
the petitioner to work out the remedy as against the judgment dated
24.06.2015 made in A.S.No.119 of 2012 by the VII Additional City
Civil Court at Chennai. No costs.
26.07.2023
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1.The Joint Commissioner of Labour – II,
O/o.The Joint Commissioner of Labour – II,
DMS Compound, Teynampet,
Chennai – 600 006.
2.The District Collector,
O/o.Chengalpattu District Collector,
Chengalpattu.
https://www.mhc.tn.gov.in/judis
W.P.No.2037 of 2020
M.DHANDAPANI,J.
pri
W.P.No.2037 of 2020
26.07.2023
https://www.mhc.tn.gov.in/judis
