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Madras High CourtWP/5266/2010dismissed

A.Dhandapani, v. The General Manager,

2020-06-04Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2020

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.5266 of 2010 and M.P.No.1 of 2010 A.Dhandapani ..

Petitioner -vsThe General Manager Tamil Nadu State Transport Corporation (Kovai-I) Limited, No.37, Mettupalayam Road, Coimbatore-641 043.

..

Respondent Petition under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent relating to the order No.3136/E10/Pa.Thu/Pi-2/Tha.Aa.Po.Ka/Ko/2010 dated 11.02.2010 and to quash the same as illegal and consequently, direct the respondent to pay the balance arrears and benefits to the petitioner on account of regularisation as per the order of regularisation dated 26.10.2002 within a time frame. For Petitioner ::

Mr.R.Y.George Williams For Respondent ::

Mr.A.Sundaravadhanan Standing Counsel

ORDER

Heard learned counsel for the parties through video conferencing due to the Covid-19 pandemic.

2. This writ petition was filed by Mr.A.Dhandapani, Conductor seeking to quash the impugned order dated 11.02.2010 as illegal with a consequential direction to the respondentGeneral Manager, Tamil Nadu State Transport Corporation (Kovai-I) Limited, Coimbatore to pay the balance arrears and benefits to the petitioner on account of regularization.

3. This prayer is not maintainable as, in terms of Section 9-A read with the Fourth Schedule to the Industrial Disputes Act, the wages including the period and the mode of payment, compensatory and other allowances are the issues to be raised before the concerned forum. Therefore, giving https://hcservices.ecourts.gov.in/hcservices/

liberty to the petitioner to work out his remedy in the manner known to law before the Labour Court concerned, this writ petition is dismissed as not maintainable. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar ss/tsi To The General Manager Tamil Nadu State Transport Corporation (Kovai-I) Limited, No.37, Mettupalayam Road, Coimbatore-641 043.

W.P.No.5266 of 2010 A.SK(11/09/2020) https://hcservices.ecourts.gov.in/hcservices/