R.Chandran v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and M.P.No.01 of 2011 R.Chandran ....Petitioner Vs The General Manager, Tamilnadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem - 636 007 ....Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Certiorarified Mandamus calling for records relating to the proceedings of the respondent made in Ku.No.309-9970-D3TNSTC-2010-11 dated 28.02.2011 to quash the same and consequently direct the respondent to re-instate the petitioner with back wages and all other monetary benefits.

For Petitioner : Mr.C.Prabakaran For Respondent : No appearance

O R D E R

The Writ Petition has been filed calling for records relating to the proceedings of the respondent made in Ku.No.309-9970-D3-TNSTC-201011 dated 28.02.2011 to quash the same and consequently direct the respondent to re-instate the petitioner with back wages and all other monetary benefits.

2. The learned counsel for the respondent took a technical objection that, petitioner should have raised Industrial Dispute under Section 2 A of Industrial Dispute before the concerned labour Court. Without doing that, this petition is directly filed. Therefore, this Writ Petition is not maintainable.

3. In response, the learned counsel for the petitioner submitted that, petition may be dismissed giving liberty to the petitioner to raise the industrial dispute before the concerned labour Court.

4. In the said circumstances, this Writ Petition is dismissed giving liberty to the petitioner to raise the Industrial Dispute before the Labour Court. The period spent in prosecuting this Writ Petition shall not be computed for the purpose of limitation, if any. Consequently, connected miscellaneous petition is closed.

05.02.2024 Index :Yes/No Internet:Yes/No Sma

G.CHANDRASEKHARAN, J Sma To The General Manager, Tamilnadu State Transport Corporation (Salem) Ltd., No.12, Ramakrishna Road, Salem - 636 007 05.02.2024