Madras High Court
Dhala Kuppuswamy Rebello vs Velu on 1 February, 2007
Author: P.Sathasivam
Bench: P.Sathasivam, N.Paul Vasanthakumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01.02.2007
Coram
The Honourable Mr. Justice P.SATHASIVAM
and
The Honourable Mr. Justice N.PAUL VASANTHAKUMAR
Writ Appeal No.3043 of 2002
Dhala Kuppuswamy Rebello
Partnership Firm
rep. by its Partner Y.Gopalakrishnan
59
Ormes Road
Kilpauk,
Chennai 1. ..Appellant
Vs
1. Velu
2. The Special Deputy Commissioner of Labour
4th floor
Teynampet
Chennai 6. ..Respondents
Writ appeals filed under Clause 15 of the Letters Patent against the order dated 09.09.2002 in WMP No.51601 of 2002 in W.P.No.34594 of 2002.``````
For Appellant : Ms.S.Deepika
For 1st respondent : Mr.R.Neethi Perumal
For 2nd respondent : Mr.P.Subramanian, Government Advocate
JUDGMENT
(Judgment of the Court was delivered by P.SATHASIVAM, J.) The above writ appeal is directed against the order dated 09.09.2002 made in WMP No.51601 of 2002 in W.P.No.34594 of 2002, in and by which, a Division Bench of this Court, while granting stay in respect of backwages, imposed certain conditions.
2. It is brought to our notice that the order of the learned single Judge came to be stayed by the Division Bench on 03.10.2002. When the stay application in WAMP No.5079 of 2002 came up for further hearing on 17.09.2003, after recording the fact that the appellant-Management has reinstated the concerned employee-the first respondent herein, confirmed the earlier order of stay and disposed of the stay petition.
3. In view of the above factual position, though we are of the view that there is no merit in the writ appeal, we are not inclined to go into the said aspect. Instead we are of the view that ends of justice would be met by listing the writ petition itself for final disposal. Accordingly, the Registry is directed to post W.P.No.34594 of 2002 before the concerned Court dealing with the subject on 05.03.2007.
4. The writ appeal is disposed of on the above terms. No costs.
raa To The Special Deputy Commissioner of Labour 4th floor Teynampet Chennai 6.
[PRV/9457]