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Madras High CourtWP/31968/2012closed

The Management v. P.Govindan

2022-02-10Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 10.02.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.NO.31968 OF 2012 AND M.P.NO.1 OF 2012 The Management, Tamilnadu State Transport Corporation Ltd., Villupuram.

...Petitioner

Vs 1.P.Govindan 2.The Presiding Officer, Labour Court, Cuddalore.

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records of the 2nd respondent made in I.D.No.303 of 2007 dated 12.09.2011 and to quash the order to the extent of granting reinstatement of service.

For Petitioner : Mr.G.Saravana Kumar For R1 : Mr.R.Muralidharan

ORDER

Heard the learned counsel for the petitioner and the learned counsel appearing for the first respondent.

2. The punishment of termination was challenged before the Labour Court, Cuddalore in I.D.No.303 of 2007 and by an award dated 12.09.2011, the petitioner was directed to be reinstated back into service, but without continuity of service and other attendant benefits. In this background, the petitioner was reinstated into service on 09.04.2015.

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

3. The learned counsel for the petitioner submitted that pending the writ petition, the workman was paid the last drawn wages under Section 17B of the Industrial Disputes Act, 1947.

4. Since the petitioner has been reinstated and the last drawn wages have also been paid under Section 17B, no effective orders can be passed in the present writ petition, challenging the award.

5. Accordingly, the Writ Petition stands dismissed and the award of the Labour Court, Cuddalore passed in I.D.No.303 of 2007 is confirmed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar hvk To

1. The Management, Tamilnadu State Transport Corporation Ltd., Villupuram.

2. The Presiding Officer, Labour Court, Cuddalore.

+1cc to Mr.G.Saravana Kumar, Advocate, S.R.No.8621 +1cc to Mr.R.Muralidharan, Advocate, S.R.No.8721 W.P.No.31968 of 2012 and M.P.No.1 of 2012 MT(CO) PM/09/03/2022 https://hcservices.ecourts.gov.in/hcservices/