Shenbagam @ Shenbagavalli.G vs. Joint Commissioner Of Labour
Facts
The petitioner, G. Shenbagam @ Shengabavalli, filed a writ petition seeking to quash proceedings dated 12.11.2021, issued by the Joint Commissioner of Labour, Tirunelveli (1st respondent). The petitioner also sought a direction to release a sum of Rs. 5,69,258/- plus accrued interest, which was deposited in E.C.No.63/2014 pending before the 1st respondent. The second respondent is M/s. New Grand Hotel. The writ petition was filed under Article 226 of the Constitution of India.
Held
The Court did not decide the merits of the case. The learned counsel for the petitioner sought permission to withdraw the Writ Petition, making an endorsement to that effect. Consequently, the Court dismissed the Writ Petition as withdrawn. No costs were awarded. The issues regarding the legality of the proceedings and the entitlement to the refund were not adjudicated upon. The operative direction was to dismiss the petition as withdrawn.
Key Issues
1. Whether the proceedings of the 1st respondent dated 12.11.2021 are illegal and liable to be quashed? 2. Whether the petitioner is entitled to the release of the deposited sum of Rs. 5,69,258/- plus interest? The petitioner argued for the quashing of the proceedings and the release of the deposited amount. The revenue (1st respondent) did not present any arguments as the petitioner sought to withdraw the petition. No specific provisions of the GST Act were explicitly discussed in the arguments presented by either side, as the matter was withdrawn before substantive arguments could be made.
AI-generated summary — verify with the full judgment below
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2024 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI G.Shenbagam @ Shengabavalli
... Petitioner Vs. 1.Joint Commissioner of Labour, O/o. Joint Commissioner of Labour, Integrated Labour Department Building, Tirunelveli. 2.M/s.New Grand Hotel, Rep. By its Proprietor H.Basheer, No.310, GST Road, Chrompet, Chennai – 600 044. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the 1st respondent herein Na.Ka.NO.Aa1/ 3163/2020 dated 12.11.2021 and quash the same as illegal and also direct the 1st respondent herein to release the sum of Rs.5,69,258/- (Rupees Five Lakhs sixty-nine thousand and two hundred and fifty eight only) plus interest accrued which was deposited in the case E.C.No.63/2014 pending on the file of the 1st respondent herein to the petitioner herein within a stipulated time as prescribed by this Court. 1/3 https://www.mhc.tn.gov.in/judis For Petitioner : Mr.S.Saravanan
The judgment continues below.
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