R.Annadurai v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2018 C O R A M THE HONOURABLE Mr.JUSTICE S.M.SUBRAMANIAM WP.No.10718 of 2018 R.Annadurai

...Petitioner

Vs.

1.The Managing Director, Metropolitan Transport Corporation, Chennai Limited, Pallavan House, Anna Salai, Chennai - 600 002 2.Senior Assistant Manager (HR), Metropolitan Transport Corporation Chennai Limited, Anna Salai, Chennai - 600 002 3.The Branch Manager, Adhambakkam Depot (MTC), Athambakkam, Chennai 4.S.Satchilingam ... Respondents PRAYER Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st and 2nd respondent to consider and dispose petitioner's representation dated 07.12.2017.

For Petitioner : Mr.R.Sethuvarayar

O R D E R

The relief sought for in this writ petition is for a direction to direct respondents 1 and 2 to consider the representation submitted by the writ petitioner on 07.12.2017.

2. The learned counsel appearing on behalf of the writ petitioner states that the writ petitioner is working as a Driver in the third respondent Metropolitan Transport Corporation Chennai Limited at Adambakkam Depot.

3. The grievance of the writ petitioner is that on account of some personal enmity, the third respondent has made certain corrections in the attendance of the writ petitioner. The third respondent cancelled one day weekly off granted to the writ petitioner. The writ petitioner is entitled for one day off

every week. However, the third respondent is not providing the weekly off to the writ petitioner and threatening the writ petitioner in this regard.

4. The learned counsel for the writ petitioner states that the third respondent is not the authority to make correction in respect of the weekly off and the action of the third respondent is illegal. The writ petitioner in this regard has made a complaint to the Managing Director on 07.12.2017. 5.This Court is of an opinion that when such complaint is preferred by the employees against certain officials then the Managing Director has to look into the nature of the complaint and initiate appropriate action in respect of the employees. The genuinity or otherwise of the complaint are also to be verified by the Managing Director or any other Officer authorised by the Managing Director in this regard. If there is any genuinity in respect of the complaint made by the writ petitioner, then the authorities concerned are bound to initiate appropriate action in the manner known to law. If false complaints are made, then action also to be initiated against the writ petitioner under provisions of law.

6. In this view of the matter, the first respondent has to look into the nature of the complaint made by the writ petitioner on 07.12.2017 against the third respondent and proceed with the matter in the manner known to law.

7. With these observations, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar lok To 1.The Managing Director, Metropolitan Transport Corporation, Chennai Limited, Pallavan House, Anna Salai, Chennai - 600 002

2.Senior Assistant Manager (HR), Metropolitan Transport Corporation Chennai Limited, Anna Salai, Chennai - 600 002 3.The Branch Manager, Adhambakkam Depot (MTC), Athambakkam, Chennai +1cc to Mr.R.Sethuvarayar, advocate sr.no.31490 WP.No.10718 of 2018 nr 16/05/2018