Madras High CourtWP/25629/2004disposed of

R.Mohanasundaram v. Superintending Engineer,

2019-10-22Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2019

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM W.P.No.25629 of 2004 R.Mohanasundaram .. Petitioner -vsSuperintending Engineer, Mettur Work Shop Circle, Tamil Nadu Electricity Board, Mettur Dam-1, Salem District.

.. Respondent Petition under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondent to reinstate the petitioner in service as ordered by the Labour Court - Salem passed in I.D.No.14 of 2002 dated 16.03.2004.

For Petitioner :

Mr.V.Balamurugan For Respondent :

No Appearance ******

ORDER

The relief sought for in the present writ petition is for a direction to direct the respondent to reinstate the petitioner in service as ordered by the Labour Court, Salem in I.D.No.14/2002, dated 16.03.2004.

2.In view of the amendment made in the provisions of the Industrial Disputes Act, 1947 now, this writ petition cannot be entertained, as the award is to be construed as a Civil Court decree and an Execution Petition is to be filed by following the procedures contemplated.

3.Thus, the petitioner is at liberty to file an Execution Petition for implementation of the award passed. If at all, any condone delay petition is filed, the period from which this writ petition was pending shall be considered by the Court concerned for the purpose of condoning the delay in filing the Execution Petition.

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4.Accordingly, this writ petition stands dismissed. However, there shall be no order as to costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar abr To The Superintending Engineer, Mettur Work Shop Circle, Tamil Nadu Electricity Board, Mettur Dam-1, Salem District.

+1cc to Mr.V.Balamurugan, Advocate SR.89158 W.P.No.25629 of 2004 LN(CO) CB(27/11/2019) https://hcservices.ecourts.gov.in/hcservices/