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Chennai Court June 2012 Judgments

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Jun 05 2012

R.Velusamy Naidu. Vs. the Commissioner of Municipal Administration and ...

Court: Chennai

Decided on: Jun-05-2012

Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the First and Third Respondents herein to pass orders regarding payment of interest at the rate of 9% per annum as ordered in O.A.No.2065/2004 dated 12.05.2004 by the Tamil Nadu Administrative Tribunal for the delay in payment of the Petitioner's terminal benefits with effect from 01.08.1998 and disburse the same, within a time frame as deem fit.O R D E R1. The Petitioner has filed the present Writ Petition seeking for issuance of an order from this Court directing the Respondents 1 and 3 to pass orders in regard to the payment of interest at 9% per annum as ordered by the Tamil Nadu Administrative Tribunal in O.A.No.2065 of 2004 dated 12.05.2004 for the delay in regard to the payment of Petitioner's terminal benefits with effect from 01.08.1998 and to disburse the same within the time fixed by this Court.2. The Petitioner joined the Government services as an Attender on 02.07.1962....


Jun 05 2012

G.T.Parthasarathy. Vs. the Secretary to Government.

Court: Chennai

Decided on: Jun-05-2012

Prayer :Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus to direct the respondents for production of the Nominal Muster Rolls of the Electrical Department and the Voucher Records Section of the then Central Accounts Department of the 2nd respondent for the period from 23.11.1968 to 15.7.1975 and direct the respondents to consider the period of temporary service of six years, seven months and twenty two days rendered by the petitioner as Time Keeper from 23.11.1968 to 15.7.1975 (both days inclusive) on whole time employment in the 2nd respondent, for the purpose of calculation of the petitioner's terminal and pensionary benefits as has been done by the 2nd respondent in other similarly placed cases in terms of G.O.Ms.No.437 dated 23.6.1988 as adopted by the Corporation of Chennai for its employees vide is Resolution No.334/92 dated 29.5.1992 within such time as may be fixed by this Hon'ble Court.O R D E R1. The Writ Petition is filed by the petition...


Jun 05 2012

K.Deeramani. Vs. the Principal Labour Court

Court: Chennai

Decided on: Jun-05-2012

Writ Petition preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus, to call for the records relating to I.D.No.430 of 2001 dated 20.04.2006 on the file of the first respondent herein and to quash the same and consequently direct the second respondent to reinstate the petitioner in service with back wages, continuity of service with all other attendant benefits.O R D E R1. The writ petition is filed by the petitioner challenging an Award passed by the first respondent Principal Labour Court, Chennai in I.D.No.430 of 2001 dated 20.04.2006. By the impugned Award, the Labour Court refused to grant any relief to the workman and dismissed the Industrial Dispute.2. The writ petition was admitted on 13.04.2007. On notice from this Court, the second respondent has filed a counter affidavit dated 18.11.2009. The learned counsel for the workman also filed an additional typed set containing documents relating to enquiry proceedings whi...


Jun 05 2012

The Divisional Railway Manager. Vs. C.Shanmugavel

Court: Chennai

Decided on: Jun-05-2012

Writ Petition No.44584/06 filed under Article 226 of the Constitution of India praying for a Writ of Certiorari, to call for the records relating to the impugned award of the 2nd respondent herein dated 27.02.2006 in ID.No.408 of 2004, quash the same as illegal.Writ Petition No.13965/07 filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified mandamus, to call for the records pertaining to the award dated 27.02.2006 in I.D.No.408/2004 passed by the 2nd respondent, quash the same in so far as depriving his absorption from the date on which the petitioner immediate juniors were absorbed with back wages and other consequential benefits and consequently direct the 1st respondent to absorb the petitioner into their services from the date on which his immediate juniors were absorbed, with back wages and all other attendant and consequential benefits.C O M M O N O R D E R1. Both writ petitions were directed against the Award passed by the Central Government In...


Jun 05 2012

K.Tamilchelvi. Vs. the President or Special Officer and ors.

Court: Chennai

Decided on: Jun-05-2012

This writ petition is preferred under Article 226 of the Constitution of India praying for the issue of a writ of mandamus to direct the first respondent herein to pay the time scale of pay to the petitioner and implement 6th Pay Commission w.e.f. 01.01.1996 as per G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.4.1998 on the basis of the judgment passed in W.A.No.461 of 2000 dated 5.9.2001 on the file of this court.ORDER1. The writ petition is filed by the petitioner seeking for a direction to the first respondent, i.e., Kallakurichi Cooperative Sugar Mills Matriculation Higher Secondary School at Moongilthuraipattu to implement the 6th Pay Commission with effect from 1.1.1996 in terms of the G.O.Ms.No.162, Finance (Pay Cell) Department, dated 13.4.1998 on the basis of the judgment of this court in W.A.No.461 of 2000, dated 5.9.2001.2. The writ petition was admitted on 19.2.2007. Pending the writ petition, in the application for an interim injunction in M.P.No.1 of 2007, this c...


Jun 05 2012

The Deputy General Manager. Vs. the Presiding Officer

Court: Chennai

Decided on: Jun-05-2012

Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari, to call for the records of the first respondent in I.D.No.43 of 2005 and quash its Award dated 01.05.2008.O R D E R1. The petitioner is a Syndicate Bank. In this writ petition, they have challenged an Award passed by the Central Government Industrial Tribunal cum Labour Court (for short CGIT), Chennai made in I.D.No.43 of 2005 dated 01.05.2008. By the impugned Award, the CGIT granted the relief of reinstatement with backwages and continuity of service and other attendant benefits.2. The writ petition was admitted on 15.10.2008. Pending the writ petition, an interim stay was granted. The second respondent filed a vacate stay application in M.P.No.1 of 2009. This Court by an order dated 06.10.2009 directed the petitioner Bank to pay Rs.7,603/- towards payment under Section 17-B of the I.D.Act being the last drawn wages and made the interim stay absolute.3. Since the petitioner has not fil...


Jun 05 2012

G.Jagannathan. Vs. the State Rep.by the Revenue Divisional Officer

Court: Chennai

Decided on: Jun-05-2012

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking for the relief of issuance of writ of mandamus directing the respondents to conduct an enquiry on the representation of the petitioner dated 13.12.2010 and to decide the same on merits within a time limit that may be fixed by this Court.ORDER1. The petitioner seeks writ of mandamus directing the respondents to conduct enquiry on the petitioner's representation dated 13.12.2010 and to decide the same on merits.2. Heard Mr.D.Lingeswaran, learned counsel appearing for the petitioner and Mrs.T.P.Savitha, learned Government Advocate appearing for respondents.3. The land measuring 120x 60 = 7200 sq.ft comprised in S.No.408/1 (new Survey No.582/18) at Manapakkam village, Sriperumbudur Taluk, Kancheepruam District was originally classified as Grama Natham. According to the petitioner, his ancestors were in enjoyment of portion of the said property. Further case of petitioner is that while issuing patta under Gra...


Jun 05 2012

M.Abdul Salam. Vs. the Presiding Officer and anr.

Court: Chennai

Decided on: Jun-05-2012

Writ Petition preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorarified mandamus, to call for the records from the 1st respondent relating to the award dated 23.02.2006 in I.D.No.230 of 1998 and quash the same and direct the 2nd respondent to reinstate the petitioner in service with full back wages, continuity of service and other attendant benefits.O R D E R1. The petitioner has come forward to challenge an Award passed by the first respondent Labour Court in I.D.No.230 of 1998 dated 23.02.2006 and after setting aside the same seeks for a direction to the second respondent to reinstate the petitioner in service with full back wages, continuity of service and other attendant benefits.2. The writ petition was admitted on 03.08.2007. On notice from this Court, the second respondent has filed a counter affidavit dated Nil February 1999. The petitioner also filed written submissions together with certain list of authorities.3. It is the case...


Jun 05 2012

Valparai Adidravidar Thotta Thozhilar. Vs. the Secretary to Government ...

Court: Chennai

Decided on: Jun-05-2012

Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorari, calling for the entire records pursuant to the settlement in R.C.No.C/2884/2011 under Section 12(3) of the Industrial Disputes Act dated 01.07.2011 on the file of the third respondent, quash the same.O R D E R1. The writ petition is filed by the Trade Union, representing the workers of various estates operated by respondents 7 to 13, challenging the settlement signed under Section 12(3) of the Industrial Disputes Act, 1947 dated 01.07.2011 between Respondents 7 to 13 on the one side representing the Management and Respondents 14 to 25, the Trade Unions representing the workers on the other side.2. The petitioner claims that they represent 688 persons whose names are mentioned in the typed set. They are aggrieved by the settlement which took away the rights of the workers. The petitioner Union is more aggrieved by Clause 4 and Clause 5 of the settlement, which reads as follows:-"4. It is...


Jun 05 2012

Assistant General Manager. Vs. Central Government Industrial Tribunal

Court: Chennai

Decided on: Jun-05-2012

PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, to call for the records from the file of the 1st respondent herein relating to the award dated 21.05.2007 in I.D.No.36 of 2006 and quash the said award.PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus, to call for the records from the 1st respondent Tribunal, quash the award passed by the 1st respondent Tribunal dated 21.05.2007 in I.D.No.36 of 2006 in so far as denying the relief of backwages and consequently direct the 2nd respondent to pay backwages from the date of imposing the punishment of dismissal viz. 05.07.2001 to the date of the award viz. 31.05.2007.COMMON ORDER1. Both the writ petitions challenges the very same award dated 21.05.2007 passed by the Central Government Industrial Tribunal cum Labour Court, Chennai, in I.D.No.36/2006. By the impugned award, t...


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