Madras High CourtWP/565/2022disposed of

N.S.Balasubramanian v. The Commissioner

2023-09-01Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR N.S.Balasubramanian ... Petitioner Vs The Commissioner, Kundadam Panchayat Union, Panchayat Union Officer, Kundadam, Dharapuram Taluk, Tiruppur District.

... Respondent Prayer:- Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondent to grant service benefit as per the direction of the Labour court, Salem dated 08.9.2008 by considering petitioner's representation dated 10.12.2021. For petitioner : Mr.M.Mohamed Riyaz For Respondent : No Appearance 1/4

ORDER

This Writ Petition has been filed to direct the respondent to grant service benefit as per the direction of the Labour Court, Salem dated 08.9.2008 by considering petitioner's representation dated 10.12.2021.

2. The case of the petitioner is that the petitioner was an emplyee working under the respondent and he was terminated on the ground of absenteeism. The petitioner challenged the dismissal Order of the respondent before the Labour Court, Salem and the Labour Court passed an award on 08.09.2008 directing the respondent to reinstate the petitioner with linient punishment of withholding the increment for 3 years from the date of reinstatement. Challenging the same, the respondent has filed an appeal before the Labour Court in W.P.No.5047 of 2010 and the same has been dismissed for non prosecution. Thereafter, the petitioner sent a representation dated 10.12.2021 to the respondent to grant benefit as per the award of the Labour Court. The same has not considered by the respondent. Hence, the present Writ Petition.

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3. Considering the limited relief sought by the petitioner, since passage of time, the petitioner shall give a fresh representation to the respondents within a period of 10 days from the date of receipt of a copy of this Order and on such representation being made, the respondent shall consider the same and pass Orders on the same as per law within a period of two months thereafter.

4. With the above direction, this Writ Petition is disposed of. No costs.

01.09.2023 Index:Yes/No vrc To, The Commissioner, Kundadam Panchayat Union, Panchayat Union Officer, Kundadam, Dharapuram Taluk, Tiruppur District.

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N.SATHISH KUMAR, J.

vrc WP.No.565 of 2022 01.09.2023 4/4