The Special Officer vs T.Paramasivam
2024 Latest Caselaw 179 Mad

Madras High Court

The Special Officer vs T.Paramasivam on 3 January, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

    2024/MHC/5643




                                                                                       W.A(MD)No.879 of 2016

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 03.01.2024

                                                         CORAM:

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
                                                     AND
                                  THE HON'BLE MR JUSTICE C.KUMARAPPAN

                                                W.A(MD)No.879 of 2016
                                                        and
                                               C.M.P(MD)No.5294 of 2016

                 The Special Officer,
                 now represented by the Managing Director,
                 Madurai District Pandian Consumer Cooperative
                 Society, No.162, East Veli Street,
                 Madurai.                           ... Appellant/Second Respondent

                                                            .Vs.

                 1.T.Paramasivam                           ....Respondent/Petitioner

                 2.The District Collector,
                   Collectorate,
                   Madurai.                                ... Respondent/Ist Respondent

                 PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act praying this
                 Court to set aside the order passed by this Court in W.P(MD)No.4001 of 2011,
                 dated 24.03.2016.
                                     For Appellant         : Mr.A.Saravanan
                                                             for Mr.G.Murugan


                 1/5

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                                                                                  W.A(MD)No.879 of 2016

                                  For Respondent-1        :No appearance

                                  For Respondent-2        :Mr.D.Sachikumar
                                                           Addl.Govt.Pleader

                                                     JUDGMENT

DR.G.JAYACHANDRAN,J.

AND C.KUMARAPPAN,J.

This Writ Appeal is arising out of the order passed by the learned Single

Judge in W.P(MD)No.4001 of 2011, dated 24.03.2016.

2.The Writ Petition is filed seeking mandamus directing the District

Collector, Madurai to initiate Revenue Recovery Proceedings under Section 33

C(1) of the Industrial Disputes Act as against the second respondent/The Special

Officer, Madurai District Pandian Consumer Cooperative Society, North Veli

Street, Madurai, since the award of the Labour Court in I.D.No.427 of 2019 has

not been implemented despite claim petition filed in C.P.No.32 of 2004 under

Section 33-C(2) of the Industrial Disputes Act.

3.The learned Single Judge, after considering the submissions and record,

particularly, the representation given by the Writ Petitioner on 17.12.2011, had

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directed the first respondent /The District Collector, Collectorate, Madurai to

dispose of the representation and take action under the Revenue Recovery Act

pursuant to the order passed in C.P.No.32 of 2004. The instant Writ Appeal is

filed challenging the said order .

4.According to the appellant, pending the Writ Petition, the entire award

amount been paid and the Writ Petitioner/Claimant/workman had issued receipts

therefor and Full Satisfaction Memo, dated 6.2.2014 filed before the Presiding

Officer, Labour Court, Madurai in E.P.No.18 of 2012 in C.P.No.32 of 2004.

5.In view of the full satisfaction and the closure of C.P.No.32 of 2004, it is

contended that nothing survives in the Writ Appeal.

6.Recording the same, the Writ Appeal is disposed of. There is no order as

to costs. Consequently, connected Miscellaneous Petition is closed.

                                                                         [G.J.,J.]   [C.K.,J.]
                                                                             03.01.2024
                 NCS               :Yes/No
                 Index            : Yes / No

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Internet : Yes / No vsn

To

The District Collector, Collectorate, Madurai.

DR.G.JAYACHANDRAN, J.

and

https://www.mhc.tn.gov.in/judis

C.KUMARAPPAN,J.

vsn

JUDGMENT MADE IN

and

03.01.2024

https://www.mhc.tn.gov.in/judis