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2012 Supreme(Mad) 38

K.CHANDRU
Tamil Nadu State Transport Corporation, Kumbakonam Division Ltd. , By its Managing Director – Appellant
Versus
The Joint Commissioner of Labour (Conciliation) – Respondent


Advocates Appeared:
For the Petitioner - S. Ravi for M/s. Gupta and Ravi, Advocates.
For the Respondents - R1 - M. Digvijaya Pandian, R2 - G. Purushothaman, Advocates.

Judgment :-

1. The writ petition is filed by the State owned Transport Corporation having its headquarters at Kumbakonam. In this writ petition, they have come forward to challenge an order passed by the first respondent viz., Joint Commissioner of Labour (Conciliation), Chennai in Approval Petition No.156 of 2004. By the aforesaid order, the first respondent, who is an authority to grant approval for any dismissal made during the pendency of the conciliation proceedings refused to accord his approval by an order dated 16.02.2006. Challenging the same, the writ petition came to be filed.

2. The writ petition was admitted on 01.02.2007. Pending the writ petition, in the application for interim injunction, only notice was ordered. Subsequently, the second respondent workman filed an application in M.P.No.1 of 2009 seeking direction to pay last drawn wages in terms of the principles enshrined behind Section 17-B of the Industrial Disputes Act. This Court by an order dated 07.07.2009 directed the payment of monthly wages from the date of the writ petition. It is now admitted by both sides that the order has been complied with.

3. In the mean while, when the matter came up on 22.07.2010
























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