IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26/06/2006
CORAM
THE HON'BLE MR. JUSTICE P. SATHASIVAM
AND
THE HON'BLE MR. JUSTICE V. DHANAPALAN
WRIT APPEAL NO.748 of 2006
and WAMP.No.1536 of 2006
The General manager
Southern Railway
Chennai 600 003. .. Appellant
-Vs-
1. A.S. Duraiswamy
2. The Presiding Officer
Central Government Labour Court
Chennai. .. Respondents
Writ Appeal filed under Clause 15 of the Letters of Patent
against the order of the learned Judge Mr. Justice E. Padmanabhan, dated
07.1 0.2002 made in WMP.No.13756 of 1999 in W.P.No.9660 of 1999.
!For appellant : Mr.M. Sekar
^For respondent: ....
:JUDGMENT
(Judgement of the Court was delivered by P. SATHASIVAM,J.)
The above writ appeal is directed against the order of the learned
single Judge dated 07.10.2002 made in WMP.No.13756 of 1999 & WVMP.No.3 5395 of
2001 in Writ Petition No.9660 of 1999, in and by which the learned Judge,
permitted the first respondent / workman to withdraw a sum of Rs.1,07,243.00
out of Rs.2,07,243.00.
2. The order of the learned Judge shows that the first
respondent/ workman is aged about 70 years and requires funds for taking
treatment. Taking note of these factual aspects, considering his age and
ailment of the workman, permitted him to withdraw a sum of Rs.1,07,243.00 .
In the same order the learned Judge issued direction for investment of the
balance amount of Rs.1 lakh in a fixed deposit for a further period of two
years. In such circumstances, we are of the view that there is no ground for
interference. On the other hand, the said order is reasonable and acceptable.
Accordingly, the writ appeal fails and the same is dismissed. No costs.
Consequently , connected WAMP., is also dismissed.
Taking note of the fact that the writ petition is of the year
1999, Registry is directed to include the writ petition for final hearing list
before the concerned Judge dealing with the subject, within a period of two
weeks.
kh
To
The Presiding Officer
Central Government Labour Court
Chennai.