S.Sathya, v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM S. Sathya vs .. Petitioner

1. The Chairman TNEB, No. 144, Annasalai, Chennai - 600 002.

2. The Assistant Engineer, Tamilnadu Electricity Board, No. 945, Thiruvottiyur High Road, Kaladipet, Chennai - 600 019.

... Respondents Prayer: Writ Petitions filed Under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to dispose the representation of the petitioner dated 21.04.2016 within a time frame fixed by this Court.

For Petitioner : Mr. R. Radha Pandian For Respondents : Mr. Anand Gopalan for M/S. T.S. Goplan & Co.

for R1 and R2

ORDER

The relief sought for in the present writ petition is to direct the second respondent to dispose the representation of the petitioner on 21.04.2016.

2. The writ petition submitted a representation seeking implementation of the Award dated 19.08.2014 passed in I.D. No. 851 of 2001.

3. Such a representation submitted and the direction sought for the execution of the Award cannot be entertained by the High Court. There is a specific provision under the Industrial Disputes Act for execution of the Award passed by the Labour Court and therefore, by sending a representation and by filing a writ petition, seeking a direction to dispose of the representation is contrary to the provisions of the I.D. Act and such a writ petition is not entertainable. That apart, the employer has already filed W.P.No. 3374 of 2015, challenging the very same award. That being the factum, no further adjudication is required. Consequently, the writ petition stands dismissed. No costs.

14.11.2022 mrn Index : Yes / No Speaking order / Non-Speaking order To

1. The Chairman TNEB, No. 144, Annasalai, Chennai - 600 002.

2. The Assistant Engineer, Tamilnadu Electricity Board, No. 945, Thiruvottiyur High Road, Kaladipet, Chennai - 600 019.

S.M.SUBRAMANIAM, J.

mrn

14.11.2022