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Madras High CourtWP/30453/2011disposed of

The Management Of v. The Joint Commissioner Of

2024-06-14Honourable Mr.Justice C.Kumarappan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2024

CORAM

THE HONOURABLE Mr. JUSTICE C.KUMARAPPAN W.P.No.30453 of 2011 and M.P.No.1 of 2011 The Management of Tamil Nadu State Transport Corporation (Coimbatore Division-I) limited 37, Mettupalayam Salai Coimbatore-641 043 Rep. By its Managing Directorate

...Petitioner

Vs.

1.The Joint Commissioner of Labour(Conciliation) DMS, Complex Thenampet, Chennai 2.Thiru M.Kuppusamy

...Respondents

PRAYER: Writ Petition filed under Article 226 of Constitution of India pleased to issue a writ of certiorari, to call for the records pertaining to the award dated 23.12.2010 passed in A.P.No.30 of 2004 on the file of 1st respondent and quash the same.

For Petitioner : Mr.T.Chandrasekaran For Respondent 1 : Mr.T.Chezhiyan, Additional Government Pleader For Respondent 2 : Mr.G.B.Saravana Bhavan 1/4

ORDER

The present writ petition has been filed against the order dated 23.12.2010 passed by the Joint Commissioner of Labour in an application filed under Section 33(2)(b) of Industrial Disputes Act, 1947 seeking approval from the appropriate authority to dismiss the 2nd respondent.

2. The learned counsel for the petitioner submitted that during the pendency of the writ petition, the 2nd respondent was reinstated on 29.12.2011 and after that, since he was absented from 01.12.2013, show cause notice was issued against him and such show cause notice also challenged by him in W.P.No.11505 of 2015. In pursuance of the order passed in the above writ petition, the 2nd respondent was again reinstated and alternative lighter employment was given. While so, he was superannuated on 30.04.2020. Therefore, nothing survives in the present writ petition as the 2nd responent has already superannuated from the service.

2/4

3. In view of the above submissions, this writ petition is disposed of. Consequently, the connected miscellaneous petition is closed. No costs.

14.06.2024 Internet : Yes/No Index: Yes/No Speaking Order: Yes/No To The Joint Commissioner of Labour(Conciliation) DMS, Complex, Thenampet, Chennai 3/4

C.KUMARAPPAN,J.

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