M.Sivakumar v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 01.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Sivakumar ... Petitioner Vs.
1.The Managing Director, Tamilnadu State Transport Corporation (Villuppuram) Limited, Salamdu, Vazhuthareddy, Vizhupuram - 605 602.
2.The General Manager, Tamilnadu State Transport Corporation (Villupuram - II) Limited, Vellore Region, Rangapuram, Vellore - 632 009.
3.The Branch Manager, Tamilnadu State Transport Corporation (Villuppuram) Limited, Krishna Nagar Depot, Vellore - 632 001.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus directing the second respondent to allot regular duty as per the letter dated 15.09.2021 and to pay wages from 01.08.2021 till the date of giving regular duty to petitioner.
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For Petitioner : Mr.S.T.Varadarajulu For Respondents : Mr.R.Venkatesa Perumal, Standing Counsel
O R D E R
This writ petition has been filed for issuance of a Writ of Mandamus directing the second respondent to allot regular duty to the petitioner and to pay the wages.
2.When the matter came up for final hearing on 25.01.2023, this Court passed the following order:
"This Writ Petition was filed for a direction to the second respondent to allot regular duty to the petitioner.
When the matter was taken up for hearing, the learned Standing Counsel appearing for the respondent/Corporation submitted that the petitioner is being engaged regularly from November 2022 onwards.
Learned counsel for the petitioner sought for some time to take instructions from his client and report before this Court.
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Post this case under the caption "for orders on 01.02.2023."
3.When the matter was taken up for hearing today, the learned counsel appearing on behalf of the Transport Corporation submitted the proceedings dated 23.03.2022 wherein it is seen that for the period from 16.08.2021 to 12.11.2021, the same has been treated as eligible leave. 4.That apart, it was also submitted that the petitioner has been regularly engaged as a Conductor from November 2022 onwards. The learned counsel appearing for the petitioner confirmed the fact that the petitioner has been engaged as a Conductor from November 2022 onwards. However, the learned counsel had a grievance on the respondent/Corporation not paying the wages for the period from 16.08.2021 to 12.11.2021, since during that period, the petitioner was willing to work and the work was not provided by the Corporation. The learned counsel appearing for the petitioner sought leave to challenge the the order dated 23.03.2022 independently.
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Recording the submissions made on either side, this Writ Petition is closed. If the petitioner is aggrieved by the proceedings dated 23.03.2022, it is left open to the petitioner to work out the remedy in the manner known to Law. No costs.
01.02.2023 Index: yes/no Speaking Order/Non-Speaking Order mps To 1.The Managing Director, Tamilnadu State Transport Corporation (Villuppuram) Limited, Salamdu, Vazhuthareddy, Vizhupuram - 605 602.
2.The General Manager, Tamilnadu State Transport Corporation (Villupuram - II) Limited, Vellore Region, Rangapuram, Vellore - 632 009.
3.The Branch Manager, Tamilnadu State Transport Corporation (Villuppuram) Limited, Krishna Nagar Depot, Vellore - 632 001.
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N. ANAND VENKATESH, J, mps 01.02.2023 5/5