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G. Krishnamoorthy v/s V. Sathyanarayan, The Management of Janani Cold Storage Systems Private Ltd.


Company & Directors' Information:- R J COLD STORAGE PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049659

Company & Directors' Information:- S. D. COLD STORAGE PRIVATE LIMITED [Active] CIN = U15132UP1995PTC018791

Company & Directors' Information:- J P MANAGEMENT SYSTEMS PVT LTD. [Not available for efiling] CIN = U51109WB1992PTC054288

Company & Directors' Information:- D G COLD STORAGE PRIVATE LIMITED [Active] CIN = U45209WB2001PTC092809

Company & Directors' Information:- N P S COLD STORAGE PRIVATE LIMITED [Active] CIN = U15549WB1997PTC085229

Company & Directors' Information:- G M COLD STORAGE PVT LTD [Active] CIN = U63022WB1986PTC041010

Company & Directors' Information:- G C G COLD STORAGE PRIVATE LIMITED [Active] CIN = U01400MH2012PTC235712

Company & Directors' Information:- L P COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1997PTC021864

Company & Directors' Information:- P D COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900UP2010PTC039698

Company & Directors' Information:- N R S COLD STORAGE PVT LTD [Active] CIN = U63022WB1978PTC031524

Company & Directors' Information:- S M COLD STORAGE PVT LTD [Active] CIN = U63022WB1986PTC040843

Company & Directors' Information:- A TO Z COLD STORAGE PRIVATE LIMITED [Active] CIN = U15122UP2010PTC040956

Company & Directors' Information:- A-1 COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900TG2015PTC100777

Company & Directors' Information:- D N COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1989PTC010708

Company & Directors' Information:- P S COLD STORAGE PRIVATE LIMITED [Active] CIN = U15139UP2001PTC026373

Company & Directors' Information:- N L COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022ML2001PTC006536

Company & Directors' Information:- K H I COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022DL1999PTC100373

Company & Directors' Information:- K J COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1996PTC018274

Company & Directors' Information:- V K COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022RJ1998PTC014964

Company & Directors' Information:- R M COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1999PTC024532

Company & Directors' Information:- S L P COLD STORAGE PRIVATE LIMITED [Converted to LLP] CIN = U00063KA1997PTC022544

Company & Directors' Information:- M D COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP2001PTC025987

Company & Directors' Information:- S N COLD STORAGE PVT LTD [Active] CIN = U15132WB1977PTC031040

Company & Directors' Information:- A K COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1999PTC024374

Company & Directors' Information:- G. T. COLD STORAGE PRIVATE LIMITED [Active] CIN = U70101UP1999PTC024239

Company & Directors' Information:- G D COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022WB1997PTC084601

Company & Directors' Information:- J S COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1997PTC020250

Company & Directors' Information:- B C COLD STORAGE PRIVATE LIMITED [Active] CIN = U45302PB1997PTC019355

Company & Directors' Information:- G S P COLD STORAGE PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069618

Company & Directors' Information:- R R COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022TZ1995PTC006478

Company & Directors' Information:- H J COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022WB1999PTC089452

Company & Directors' Information:- B K COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1997PTC020070

Company & Directors' Information:- J T S COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900UP2011PTC044733

Company & Directors' Information:- COLD STORAGE CORPORATION OF INDIA LIMITED [Active] CIN = U25193UP1946PLC001472

Company & Directors' Information:- M K R S S COLD STORAGE PRIVATE LIMITED [Active] CIN = U63090WB2020PTC241530

Company & Directors' Information:- R G P COLD STORAGE PRIVATE LIMITED [Active] CIN = U74999KA2006PTC039844

Company & Directors' Information:- J P G A COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB2005PTC028831

Company & Directors' Information:- R B COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022BR1979PTC001418

Company & Directors' Information:- N J COLD STORAGE PRIVATE LIMITED [Active] CIN = U63020DL2010PTC207001

Company & Directors' Information:- G M COLD STORAGE PVT LTD [Strike Off] CIN = U63022OR1985PTC001574

Company & Directors' Information:- S V S COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U74999AP1999PTC033134

Company & Directors' Information:- R V COLD STORAGE PVT LTD [Strike Off] CIN = U15133UP1988PTC010122

Company & Directors' Information:- V L S COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63010TG2011PTC072072

Company & Directors' Information:- STORAGE SYSTEMS PRIVATE LIMITED [Strike Off] CIN = U63023MP1982PTC001924

Company & Directors' Information:- M Y COLD STORAGE PRIVATE LIMITED [Active] CIN = U15122UP2012PTC053516

Company & Directors' Information:- K T COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022NL2001PTC006616

Company & Directors' Information:- M M COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63090TG2013PTC090068

Company & Directors' Information:- H. R. COLD STORAGE PRIVATE LIMITED [Active] CIN = U63030GJ2016PTC092718

Company & Directors' Information:- A K STORAGE PRIVATE LIMITED [Strike Off] CIN = U99999MH1978PTC020884

Company & Directors' Information:- COLD STORAGE (INDIA) LTD. [Dissolved] CIN = U99999MH1922PTC000998

Company & Directors' Information:- INDIA COLD STORAGE CO. LTD. [Not available for efiling] CIN = U99999MH1948PLC006673

    C.R.P. No. 2624 of 2004

    Decided On, 15 April 2014

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE R. KARUPPIAH

    For the Petitioner: D. Geetha, Advocate. For the Respondent: No appearance.



Judgment Text

(Prayer:- Civil Revision Petition filed under Article 227 of the Constitution of India, against the order dated 28.10.2003 made in I.A.No.1 of 2002 in T.S.E.No.136 of 2001 passed by the Special Deputy Commissioner of Labour-Chennai, being the Appellate Authority under the Tamil Nadu Shops and Establishment Act, Chennai.)

1. This revision petitioner/appellant filed this revision petition as against the order passed in I.A. No.1 of 2002 in T.S.E.No.136 of 2001.

2. This revision petitioner filed an appeal in T.S.E.No.136 of 2001 to set aside the oral order of termination dated 6.7.2001, passed by the Management of Janani Cold Storage Systems Private Limited and consequently reinstate the revision petitioner as Manager in the respondent/Management.

3. In the above said proceedings, the respondent has filed counter and during the pendency of the above said proceedings, the respondent filed I.A.No.1 of 2002 under Section 151 of Civil Procedure Code, to drop all further proceedings in the above said case. In the above said affidavit, it is stated that the revision petitioner has not produced any documentary evidence to prove that the revision petitioner was employee under the respondent and all the documents produced by the revision petitioner are irrelevant documents and therefore, prayed for dropping the above said proceedings.

4. The revision petitioner has filed a counter, in which it is stated that the revision petitioner has filed an appeal and in the above said appeal, the revision petitioner has filed proof affidavit for examination in chief and also marked documents and the case was posted for cross examination. It is also averred in the counter that the respondent, without cross examining the revision petitioner, prolonged the proceedings by denying the contention of the respondent that there is no documentary evidence to prove the contention of the revision petitioner. The revision petitioner has further stated in the counter that already several documents were marked to prove the contention, inspite of it, the Special Deputy Commissioner of Labour-Appellate authoirty under Shop and Establishment Act, 1947, allowed the above said interim application filed by the respondent and dismissed the appeal filed by the revision petitioner. Therefore, prayed for dismissal of the application. The Appellate Authority, accepted the contention of the respondent herein and allowed the application and dismissed the main appeal itself. Aggrieved the same, this revision petition filed by the revision petitioner.

5. Heard the learned counsel appearing for the revision petitioner and perused the materials available on record. Inspite of notice duly served on the respondent and his name being printed in the cause list, he has not appeared in person or through counsel.
6. Admittedly, the revision petitioner has filed T.S.E.No.136 of 2001, challenging the oral order of termination passed by the respondent on 6.7.2001. In the above said proceedings, the present respondent also filed counter and the same was pending for disposal. It is also revealed that before the above said authority, on the side of the revision petitioner, proof affidavit for chief examination was filed and several documents were also marked to prove his case and the case was posted for cross examination for several hearings. Without cross examining the above said witness, the respondent herein filed an application in I.A.No.1 of 2002, to dismiss the main appeal in the preliminary stage on the ground that no documentary evidence produced by the revision petitioner. The Appellate Authority accepted the contention and allowed the application.

7. As rightly pointed out by the learned counsel for the revision petitioner, the revision petitioner has produced several documents including notice issued by the respondent; paper publication etc., and also adduced oral evidence. Therefore, without considering the above said documents and oral evidence, the appellate authority passed the order without giving opportunity to both sides to adduce oral and documentary evidence, and also not discussed about the documents and oral evidence adduced by revision petitioner side, allow the application and dismissed the appeal at the preliminary stage. Therefore, the above said order is illegal and also perverse as rightly pointed out by the learned counsel for the revision petitioner. Further, the respondent also not appeared before this court initiate proceeding inspite of notice duly served. Therefore, the order passed in the application in I.A.No.1 of 2002 is liable to be dismissed and the revision petition is to be

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allowed. 8. In the result, the civil revision petition is allowed and the order passed in I.A.No. 1 of 2002 in T.S.E.No.136 of 2001, dated 28.10.2003 by the Special Deputy Commissioner of Labour, is set aside and the above said I.A. is dismissed. The Special Deputy Commissioner of Labour is directed to proceed with the case and after giving sufficient opportunity to both sides to adduce oral and documentary evidence and then dispose of the appeal in accordance with law. There is no order as to costs.
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