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Madras High CourtWP/7316/2025disposed of with direction

A.Lawrence v. The Managing Director

2025-03-03Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Lawrence ... Petitioner Vs.

The Managing Director, Tamil Nadu State Transport Corporation Limited, (Villupuram Division-I), 3, 137, Salamedu, Villupuram-605 602.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent to reinstate the petitioner in service together with all backwages and other benefits as on date in pursuance to the order of dismissal of the writ petition No.35696 of 2005 dated 13.12.2023 within the time frame fixed by this Court.

For Petitioner :

Mr.G.Soundari For Respondent :

Mr.M.Aswin

O R D E R

This Writ Petition has been filed to direct the respondent to reinstate the petitioner in service together with all backwages and other benefits as on date in pursuance to the order of dismissal of the Writ Petition No.35696 of 2005 dated 13.12.2023 within a time fixed by this Court.

2. The order of termination passed against the petitioner has been set aside by the Labour Commissioner, against which, the respondent Transport Corporation filed W.P.No.35696 of 2005 before this Court, which was dismissed on 13.12.2023. Therefore, the present petition has been filed by the petitioner to direct reinstatement of the petitioner subsequent to the order dated 10.12.2004 passed in A.P.No.219 of 2003, which has not been complied with.

3. When it was pointed out to the learned counsel for the respondent that the act of the respondent is contemptuous, the learned counsel appearing for the respondent sought two weeks time to comply with the order of the Tribunal directing reinstatement.

4. In such view of the matter, this Court, withoug going into the merits of the present petition, directs the respondent to pass order of reinstatement of the petitioner into service, in accordance with the order dated 10.12.2004 passed by the Labour Commissioner in A.P.No.216 of 2003 and the order of this Court dated 13.12.2023 passed in W.P.No.35696 of 2005, within a period of two weeks from the date of receipt of a copy of this order.

5. With the aforesaid direction, this Writ Petition is disposed of. If the respondent fails to comply with the order of reinstatement, it is open to the writ petitioner to proceed against the respondent in accordance with law. There shall be no order as to costs.

03.03.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To The Managing Director, Tamil Nadu State Transport Corporation Limited, (Villupuram Division-I), 3, 137, Salamedu, Villupuram-605 602.

M.DHANDAPANI, J.

ssb 03.03.2025