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Madras High CourtWP/29462/2011disposed of

P. Devendiran v. The Management

2019-11-18Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18-11-2019 Coram THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.No.29462 of 2011 P.Devendiran ..

Petitioner vs.

1.The Presiding Officer, Labour Court, Cuddalore District.

2.The Management, Edison Electrical Works, Manalur, Chidambaram Taluk, Cuddalore District.

.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the Award of the first respondent in I.D.No.15 of 2008 dated 10.10.2011 and quash the same as being illegal, arbitrary and unconstitutional in so far as denial of benefit of back wages to the petitioner, consequently, direct the second respondent to pay the back wages and all other attendant benefits due to the petitioner with interest.

For Petitioner : Mr.C.K.Chandrasekar For Respondent-1: Labour Court For Respondent-2: Mr.Balan Haridass

O R D E R

The learned counsel appearing on behalf of the writ petitioner-workman made a submission that the first respondentLabour Court passed an Award of reinstatement and the writ petitioner-workman subsequently reached the age of superannuation.

https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel for the writ petitioner-workman further states that the second respondent-Management sent a letter on 15.12.2011, asking the writ petitioner-workman to report for duty and the writ petitioner-workman had refused to do so. The writ petitioner-workman sent a letter on 23.01.2012, stating that unless an undertaking is given, the writ petitioner-workman would not be in a position to report for duty.

3. However, the fact remains that the writ petitionerworkman had not joined duty and reached the age of superannuation. The Labour Court itself has not granted any monetary benefits and under these circumstances, no further relief can be granted in respect of the writ petition filed by the writ petitioner-workman.

4. Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar Svn To The Presiding Officer, Labour Court, Cuddalore District.

W.P.No.29462 of 2011 RGN(CO) CB(23/01/2020) https://hcservices.ecourts.gov.in/hcservices/