1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2011 CORAM: THE HONOURABLE MR.JUSTICE K.VENKATARAMAN W.P.(MD)No.4516 of 2011 N.Veerapathiran : Petitioner Vs. 1.The Labour Court, Tirunelveli. 2.The Management, Madura coats, Ambasamudram, Tirunelveli District. : Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the first respondent to number the Execution Petition filed in A.No.389 of 2009 in Industrial Dispute No.102 of 1994, dated 08.04.2009 and dispose of the same in accordance with law. For Petitioner : Mr.M.S.Jawaharlal For Respondent No.2 : Mr.M.P.Senthil ******** ORDER ****** Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the second respondent. 2. By consent, the Writ Petition itself is taken up for final hearing. 3. The petitioner has come up with the present Writ Petition for a Mandamus, directing the first respondent to number the Execution Petition filed in A.No.389 of 2009 in Industrial Dispute No.102 of 1994, dated 08.04.2009 and dispose of the same in accordance with law. 4. The case of the petitioner is that he was dismissed from service, by an order of the second respondent, which was challenged before the first respondent. The dismissal order was set aside by the Labour Court. In the meanwhile, the petitioner attained the age of superannuation. Challenging the award, the second respondent filed a Writ Petition before this Court in W.P.(MD)No.6648 of 2008 and the same is pending. No interim order was passed in favour of the second respondent. In order to get the fruits of the award, the petitioner filed an Execution Petition. However, the application was not numbered on flimsy https://hcservices.ecourts.gov.in/hcservices/ 2 grounds and hence, the petitioner has come up with the present Writ Petition for the reliefs stated earlier. 5. Considering the above facts and circumstances of the case, I am of the considered view that once an assent has been given to proviso to Section 11-B of the Industrial Disputes (Tamil Nadu Amendment) Act, 2008, it is the duty of the Labour Court to entertain the application and pass appropriate orders. 6. Taking such view, I direct the first respondent to entertain the application and after issuing notice to the second respondent, pass appropriate orders on merits and in accordance with law. 7. The Writ Petition stands ordered accordingly. No costs. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To The Presiding Officer, Labour Court, Tirunelveli. + 1 cc to The Special Government Pleader, SR No.18809 Order made in W.P.(MD)No.4516 of 2011 Dated: 14.06.2011 SML RJ/24.6.11 2p/3c https://hcservices.ecourts.gov.in/hcservices/