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Chennai Court June 2012 Judgments

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Jun 05 2012

R.SatyA. Vs. the Collector 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 respondents 1 and 2 to permit the petitioner to join duty as Child Welfare Worker as per the order of appointment issued by the first respondent in Na.Ka.No.255/A1/2007, dated 14.9.2007.ORDER1. The petitioner has filed the present writ petition seeking for a direction to the respondents to permit her to rejoin duty as a Child Welfare Worker as per the order of appointment issued by the first respondent on 14.9.2007.2. The writ petition was admitted on 22.11.2007. On notice from this court, the second respondent has filed a counter affidavit, dated 8.3.2012 and an additional counter affidavit, dated 16.4.2012. This court by an order dated 15.3.2012 had directed the original records to be produced. Accordingly, original records were produced and perused by this court.3. It is seen from the records that an order of appointment, dated 14.9.2007 was given ...


Jun 05 2012

The Management of Athoor Pudhupettai. Vs. P.Krishnan and anr

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 certiorari to call for the records of the second respondent in Award dated 10.01.2006 in I.D.No.359 of 2000 and quash the same.ORDER1. The petitioner is the management of the Cooperative Bank. In this writ petition, they have come forward to challenge an Award passed by the second respondent Labour Court made in I.D.No.359 of 2000, dated 10.01.2006. By the impugned Award, the labour court directed payment of wages to the first respondent from the date on which he was terminated, i.e., on 16.11.1998 till the date of his superannuation, i.e., on 30.11.2003 with all other other attendant benefits together with suit cost of Rs.250/-.2. The writ petition was admitted on 17.08.2007. Pending the writ petition, this court had granted an interim stay. Subsequently, the interim stay granted was made absolute with a condition that the management should deposit 50% of the backwages to ...


Jun 05 2012

The Managing Director. Vs. the Presiding 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 certiorari to call for the records connected in C.P.No.724 of 2002 on the file of the first respondent, First additional Labour Court, Chenai and to quash the order dated 13.02.2007 made therein.ORDER1. This writ petition is filed by the petitioner management, seeking to challenge an order passed by the Labour Court in C.P.No.724 of 2002, dated 13.02.2007. By the impugned order, the labour court had computed certain amounts due and payable to the contesting respondents.2. The writ petition was admitted on 26.4.2007. Pending the writ petition, this court had granted an interim stay. A vacate stay application was filed in M.P.No.1 of 2008. Subsequently, the applications for interim stay and vacate stay were heard together and disposed of by an order dated 19.1.2009. In that order, this court found that the total amount payable to contesting respondents worked out to Rs.1,23,2...


Jun 05 2012

Food Corporation of IndiA. Vs. the Presiding Officer, and ors.

Court: Chennai

Decided on: Jun-05-2012

W.P.Nos.45539 of 2006 and 24581 of 2007 are preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records of the first respondent in I.D.No.420 of 2004 and quash the order dated 04.01.2006 made therein.W.P.Nos.45540 of 2006 and 24580 of 2007 are preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records of the first respondent in I.D.No.424 of 2004 and quash the order dated 04.01.2006 made therein.COMMON ORDERW.P.Nos.45539 of 2006 and 24581 of 2007 :1. Both writ petitions were directed against an Award passed by the Central Government Industrial Tribunal-cum-Labour Court (for short CGIT) in I.D.No.420 of 2004, dated 04.01.2006.2. While W.P.No.45539 of 2006 was filed by the Food Corporation of India (for short FCI) represented by its Executive Director (South Zone), W.P.No.24581 of 2007 was filed by the FCI Departmental Canteen Committee represented by its...


Jun 05 2012

K.Nallathambi. Vs. the State of Tamilnadu and ors.

Court: Chennai

Decided on: Jun-05-2012

Prayer :Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records of the 2nd respondent dated 19.12.2011 and quash the same by allowing this Writ Petition.O R D E R1. The petitioner has filed the present Writ Petition seeking to challenge an order passed by the Sub Registrar, Namgiripettai, wherein the petitioner was informed that since the matters are pending before the Court in W.P.No.17500 of 2010, no action can be taken on the document.2. The contention of the petitioner was that the respondents have no right to refuse to register the document on the ground that the Tamil Nadu Hindu Religious and Charitable Endowments Board had stayed the registration of the sale deed and the Writ Petition was pending before this Court.3.On notice from this Court, on behalf of the 4th respondent, Assistant Commissioner, HR & CE Department, a counter affidavit dated 25.4.2012 has been filed. It is also brought to the notice of this Court tha...


Jun 05 2012

The Planters Association of Tamil Nadu. Vs. the Secretary to Governmen ...

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 certiorari to call for the records relating to the order of the first respondent in G.O.Ms.No.183, dated 28.12.2006 and quash the same.ORDER1. Whether the action of the State Government in notifying Section 18 of the Plantations Labour Act, 1951 (for short PL Act) and directing appointment of Welfare Officers in respect of plantations engaging 300 or more workers by virtue of the impugned notification, dated 28.12.2006 is liable to be set aside by this court Is the issue involved in this writ petition.2. Section 18 of the PL Act reads as follows : 18. Welfare officers. (1) In every plantation wherein three hundred or more workers are ordinarily employed the employer shall employ such number of welfare officers as may be prescribed.(2)The State Government may prescribe the duties, qualifications and conditions of service of officers employed under sub-section (1). (Emph...


Jun 05 2012

A.Sethu Ravonth. Vs. the State of Tamil Nadu and ors.

Court: Chennai

Decided on: Jun-05-2012

Prayer in W.P.No.10943 of 2008 :Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified mandamus calling for the records relating to the impugned proceedings of the 2nd respondent in Roc.No. 4212/2006/F1 dated 23.7.2007 quash the same and direct respondents 1 and 2 to prepare and publish the seniority list of Assistant Executive Engineers and Executive Engineers in accordance with the Tamil Nadu Municipal Engineering Service Rules 1997 granting retrospective benefits of pay allowances and seniority recognizing the seniority of the petitioner over respondents 3 to 34.Prayer in W.P.No.18651 of 2008 :Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records relating to the impugned proceedings of the 1st respondent in G.O.Ms.No.242 Municipal Administration and Water Supply Department dated 09.06.2008 quash the same.Prayer in W.P.No.591 of 2009:Petition under Article 226 of the Constitution of India...


Jun 05 2012

S.John Richard Vijayan. Vs. the Director of School Education 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 certiorarified mandamus to call for the records on the file of the third respondent in Na.Ka.No.6370/A5/2006, dated 29.12.2011 and quash the same and further to direct the respondents herein to pay salary to the petitioner in the post of Physical Education Teacher with effect from 1.6.2007 with increment and other attendant service benefits till date.ORDER1. This writ petition is filed by the petitioner seeking to challenge an order dated 29.12.2011, wherein and by which the petitioner's appointment as a Physical Education Teacher was cancelled on the ground that his Karnataka Teacher Training Certificate cannot be evaluated as he had secured only 30% of marks in the SSLC examinations in Karnataka.2. When the matter came up on 09.01.2012, this court directed the learned Additional Government Pleader to take notice and to get instructions. Accordingly, a counter affidavit, d...


Jun 04 2012

Ms. K.G.Mills. Vs. Ms.Sangeetha Exports.

Court: Chennai

Decided on: Jun-04-2012

Prayer :-Criminal Revision is filed under Section 397 r/w 401 of Cr.P.C., against the order dated 28.07.2005, passed in Crl.A.No.363 of 2004, on the file of Additional District and Sessions Judge, Fast Track Court-III, Coimbatore varying the punishment given in the judgment dated 13.07.2004, passed in C.C.No.381 of 2000, on the file of Judicial Magistrate Court-V, Coimbatore.ORDER1. The revision petitioner herein / complainant has preferred the criminal revision in Crl.R.C.No.1110 of 2006, against the judgment made in Crl.A.No.363 of 2004, on the file of Additional District and Sessions Judge, Fast Track Court-III, Coimbatore, modifying the judgment of sentence and fine passed in C.C.No.381 of 2000, on the file of Judicial Magistrate Court-V, Coimbatore and has prayed for enhancement of punishment and fine imposed on the accused.2. The complainant's case is as follows:-The accused 2 and 3 are partners in the first accused firm. The accused 2 and 3 have purchased cotton yarn from the co...


Jun 04 2012

D.Ravi. Vs. the Special Commissioner and ors.

Court: Chennai

Decided on: Jun-04-2012

Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issue of Writ of Certiorari, to call for the entire proceedings of the third respondent in pursuant to his impugned order No.Roc.No.A1/2051/98, dated 27.02.2002 and set aside the same and consequently direct the respondents to regularise the service of the Applicant as Office Assistant with all consequential service benefits.O R D E R1. The petitioner, after passing SSLC, enrolled himself with the employment exchange. The name of the petitioner was sponsored for appointment as Watchman-cum-Sweeper.2. The petitioner was selected and appointed as night Watchman-cum-Sweeper on temporary basis on temporary basis in the office of the Assitant Commissioner, Virudhunagar.3. The petitioner was thereafter given appointment as Office Assistant by transfer and posted in the office of the Commercial Tax Officer-II, Virudhunagar on 29.01.1993.4. The petitioner was transferred to the Check Post, Sattur Road, ...


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