IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.03.2017 CORAM THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN W.P.No.14451 of 2010 THE MANAGEMENT OF M/S.FUTURA POLYESTERS LTD., REP BY ITS EXECUTIVE DIRECTOR, MANALI, CHENNAI – 68. ... PETITIONER Vs
1. THE PRESIDING OFFICER II ADDITIONAL LABOUR COURT, CHENNAI - 104.
2. S.KAMARAJ NO.6/64 BHARATHIDASAN ST., M.A.NAGAR, REDHILLS CHENNAI – 52. ... RESPONDENTS Writ petition filed under Article 226 of the Constitution of India praying for a writ of certiorarified mandamus directing calling for the records relating to the orders Dt.11.5.2010 passed in IA 169/09 in ID 250/05 and award dt 25.8.2009 passed in ID 250/2005 on the file of 1st respondent herein and quash the same.
For Petitioner : Mr. For Respondents: Mr O R D E R The Management has come up before this Court challenging the award passed by the learned II Additional Labour Court, Chennai in favour of the 2nd respondent under section 2 (a) (ii) 17(B) of the Industrial Disputes Act seeking reinstatement, continuity in service, backwages and other benefits.
2. At the time of admission, this Court had granted a conditional stay on depositing 50% amount before the first respondent. Accordingly, the petitioner had deposited 50% of the amount and the said amount is lying in deposit of the first respondent.
3. When the matter is taken up for hearing today, Mr.James, learned counsel for the petitioner would submit that the petitioner company has been closed and the notice sent to said company was returned as "left". Mr.T.Varadharajalu, learned counsel appearing for the 2nd respondent would submit that the company has been closed.
4. In view of the above said submission, the 2nd respondent is permitted to withdraw the amount deposited by the petitioner before the first respondent and workout his remedy before the appropriate forum.
5. Accordingly, this writ petition is dismissed. No costs.
20.03.2017 Speaking / Non-speaking Order Index : Yes/No rgr / cgi Note: Issue order copy by 21.03.2017 TO THE PRESIDING OFFICER II ADDITIONAL LABOUR COURT, CHENNAI - 104.
N.KIRUBAKARAN, J.
rgr/cgi W.P.No.14451 of 2010 20.03.2017 http://www.judis.nic.in