S.Velumudali v. The Special Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH S.Velumudali ... Petitioner Vs.

1.The Special Joint Commissioner of Labour, Commissionerate of Labour, Tenampet, Chennai-600 006.

2.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Ramakrishna Salai, Salem-636 007.

3.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Bharathipuram, Salem Main Road, Dharmapuri-636 705.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the first respondent to consider the representation given by the petitioner dated 07.03.2022 to decide the C1/A.P.No.74/2021 dated 09.08.2021 filed by the third respondent within a stipulated time as fixed by this Court.

For Petitioner : Mr.P.Ganesan For Respondent-1 : Mr.P.Sathish, AGP For Respondent-2 & 3 : Mr.K.Raja

O R D E R

Heard Mr. P.Ganesan, learned counsel for the petitioner and Mr. P.Sathish, learned Additional Government Pleader appearing on behalf of the first respondent, as well as Mr. K.Raja, learned counsel appearing for the respondents 2 and 3.

2. The prayer sought for in the present Writ Petition is for a Mandamus, directing the first respondent to conclude the proceedings in C1/A.P.No.74/2021, issued by the third respondent, dated 09.08.2021. In this regard, the petitioner had made a representation to the first respondent on 07.03.2022.

3. The learned counsel for the petitioner submitted that since the petitioner is suffering from heart ailment, he could not able to travel long distance for the hearings, without the assistance of others and hence, he made a representation to the first respondent on 07.03.2022, to conclude the conclude the proceedings in C1/A.P.No.74/2021, issued by the third respondent, dated 09.08.2021 as early as possible. He further submitted that the petitioner would be satisfied, if there may be a direction to the first respondent to dispose of the same.

4. In view of the submissions made by the learned counsel for the petitioner, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 07.03.2022 and dispose of the proceedings of the third respondent in C1/A.P.No.74/2021 dated 09.08.2021, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim made by the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

29.03.2023 Index:Yes/No Speaking order/Non-speaking order DP

M.S.RAMESH.,J DP To 1.The Special Joint Commissioner of Labour, Commissionerate of Labour, Tenampet, Chennai-600 006.

2.The Managing Director, Tamil Nadu State Transport Corporation (Salem) Ltd., Ramakrishna Salai, Salem-636 007.

3.The General Manager, Tamil Ndu State Transport Corporation (Salem) Ltd., Bharathipuram, Salem Main Road, Dharmapuri-636 705.

29.03.2023