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2012 Supreme(Mad) 3811

ELIPE DHARMA RAO, M.VENUGOPAL
Management of M/s. R. S. L. 'B' Tannery, Vellore District – Appellant
Versus
Presiding Officer – Respondent


Advocates Appeared:
For the Appearing Parties:Ravindran, M/s. S.R. Shanmugadoss, Court, S.T. Varadarajulu, Advocates.

Judgment :

M. VENUGOPAL, J.

1. The Appellant/Petitioner has focussed the instant Writ Appeal as against the order dated 23.07.2008 in W.P.No.2296 of 2008 passed by the Learned Single Judge.

2. The Learned Single Judge, while passing the orders in W.P.No.2296 of 2008 on 23.07.2008, (filed by the Appellant/ Petitioner), has, among other things, observed that in the case on hand, the Labour Court (1st Respondent) has rightly gone into the question of examining the claims of workmen under Section 25(o) of the Industrial Disputes Act, 1947, they while exercising jurisdiction under Section 33C (2)of the Act etc. and has rendered a finding that the industrial establishments has in fact been closed and accordingly, the 1st Respondent/Labour Court has concluded the amount due to the workmen and ordered the management to pay the same and consequently, dismissed the Writ Petition without costs.

3. According to the Learned Counsel for the Appellant/Petitioner, the Learned Single Judge, while dismissing the W.P.No.2296 of 2008, had failed to appreciate that an application as per Section 33C (2) of the Industrial Disputes Act, 1947 was not maintainable without there being a prior adjudication,












































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