Madras High Court
Commissioner vs A.Sornam (Died) on 3 September, 2025
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan, R.Vijayakumar
W.A.(MD) No.912 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.09.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN
and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD) No.912 of 2020
and
C.M.P(MD) No.4957 of 2020
Commissioner
Panchayat Union
Kannankodi
Devakottai Taluk
Sivagangai District. ... Appellant/
nd
2 Respondent
-vs-
1.A.Sornam (Died)
2. The Authority of the Government of Tamil Nadu
Rep. by the Secretary Labour and Employment Department
Fort St.George, Chennai – 600 009.
3.Tamil Nadu Water Supply and Drainage (TWAD) Board
Represented by the Executive Engineer
Weekly Market Road, Indian Bank Upstairs
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W.A.(MD) No.912 of 2020
Sivagangai.
4.Rajalakshmi
5.Balamurugan
6.Mahalingam
7.Malathi
8.Minerva Devi ... Respondents
[R4 to R8 substituted vide order of this
Court dated 03.09.2025 in CMP (MD)
No.7636 of 2025]
Writ Appeal filed under Clause 15 of Letters Patent to set aside the order,
dated 27.07.2020, passed in W.P.(MD) No. 6782 of 2017, on the file of this Court.
For Appellants : Mr.Periyakaruppan
For R1 & R3 : Mr.Y.Arulanandasamy
For R2 : Mr.S.R.A.Ramachandran
Addl. Government Pleader
JUDGMENT
[Judgment of the Court was made by C.V.KARTHIKEYAN, J.]
The writ appeal has been filed by the second respondent in W.P.(MD)
No.6782 of 2017, the Commissioner, Panchayat Union, Kannangudi, Devakottai
Taluk, Sivagangai District, aggrieved by the directions issued by the learned
Single Judge in the order in the writ petition by order dated 28.03.2018 wherein, a
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direction was given on the basis of a representation given by the writ petitioner
on 29.09.2017, to take appropriate action against the appellant/second respondent
in the writ petition/Commissioner, Panchayat Union.
2. Necessity to lodge a complaint by the writ petitioner arose since
an award had been passed by the Labour Court, Madurai in I.D.No.44 of 2015 by
award dated 19.01.2015 wherein, the writ petitioner who had been dismissed
from service had been directed to be reinstated with backwages. The writ
petitioner had also filed a claim petition in C.P.No.49 of 2015 under Section
33(C)(2) of the Industrial Disputes Act, 1947. The amount payable or receivable
by the writ petitioner was about Rupees Two Lakhs and odd. A Lok Adalat had
been conducted in the very same Labour Court and till that particular date, the
amount was determined as Rupees One Lakh, which the writ petitioner had also
received but however, he was not reinstated to the service. Complaining that he
had been deliberately not reinstated owing to the act of omission by the
Commissioner, Panchayat Union, Kannangudi, Devakottai Taluk, Sivagangai
District, the writ petitioner had lodged a complaint on 29.09.2017 seeking to
prosecute him. By the order in the writ petition, such permission was granted.
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Subsequently, the Government had also passed G.O.(D) No.535, Labour and
Employment (B1) Department, dated 26.09.2019 under Section 34(1) of
Industrial Disputes Act, 1947, to prosecute under Section 29 of I.D.Act, 1947, the
Commissioner, Panchayat Union, Kannangudi, Devakottai Taluk, Sivagangai
District, and the individual R.Ramesh, who was the Commissioner, Panchayat
Union, Kannangudi. The Assistant Commissioner of Labour, Sivagangai was also
directed to file a complaint before the Judicial Magistrate at Devakottai under
Section 29 of I.D.Act, 1947 and report the result of the prosecution to the
Government and the Commissioner of Labour. It is thus seen that the order of the
learned Single Judge had been put into effect by passing of the aforementioned
Government Order dated 26.09.2019. The second respondent in the writ petition
should have challenged this particular Government Order. However, he had not
challenged this Government Order. The fact that the Government Order had been
passed had also not been disclosed in the grounds raised in the writ appeal. The
writ appeal had been presented before the Registry on 25.10.2019, after the
passing of the Government Order.
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3. We are informed that subsequent to a complaint filed as directed in
the aforementioned Government Order, the complaint had also been taken
cognizance by the Judicial Magistrate, Devakottai in S.T.C.No.434 of 2019. The
appellants have to necessarily participate in the said proceedings if it is still
pending. Since the direction of the learned Single Judge had been complied with
in its entirety and that particular Government Order had not been challenged and
not actually been disclosed in the grounds in the writ appeal, and the present
status of S.T.C.No.434 of 2019 had also not been disclosed by the appellant
before us, we find that there are no grounds to interfere with the order of the
learned Single Judge, as the writ appeal has now become infructuous and
therefore, the writ appeal stands dismissed. No costs. Consequently, the
connected miscellaneous petition is closed.
[C.V.K., J.] [R.V., J.]
03.09.2025
Index : Yes / No
Internet : Yes / No
PKN
Note: Before issuing the order copy,
necessary amendment will be carried
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out indicating the death of the
respondent, A.Sornam, and bringing on
record his legal representatives being
substituted in CMP(MD) No.7636 of
2025.
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To:
1.Commissioner
Panchayat Union
Kannankodi
Devakottai Taluk
Sivagangai District.
2.The Authority of the Government of Tamil Nadu
Rep. by the Secretary Labour and Employment Department
Fort St.George, Chennai – 600 009.
3.Tamil Nadu Water Supply and Drainage (TWAD) Board
Represented by the Executive Engineer
Weekly Market Road, Indian Bank Upstairs
Sivagangai.
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C.V.KARTHIKEYAN, J.
and
R.VIJAYAKUMAR, J.
PKN
03.09.2025
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