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Madras High CourtWP/13774/2024dismissed

A.Balamurugan v. The Labour Commissioner

2024-07-11Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.07.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.13774 of 2024 and WMP.Nos.14942 to 14944 of 2024 A.Balamurugan ... Petitioner Vs.

1.The Labour Commissioner, Labour Commissionerate, DMS, Teynampet, Chennai 600 006 2.The General Manager, Tamilnadu State Transport Corporation, Salem Ltd., Salem 636 007 3.The Branch Manager, Tamilnadu State Transport Corporation, Namakkal-1 4.The Enquiry Officer, Tamilnadu State Transport Corporation, Salem Ltd., Salem 636 007 ... Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order dated 31.01.2024 passed by the second respondent vide Pa.Mu.No.TNSTC/SLM/DS-5181/DODO21/ D3-1377/2023 and quash the same as illegal and consequently direct the 1/4

respondents to reinstate the petitioner in service. For Petitioner : Mr.A.Rajakumar For Respondents For R1 : Mr.V.P.R.Elamparithi, Additional Government Pleader For R2 to 4 : Mr.K.Raja, Standing Counsel

ORDER

This writ petition has been filed challenging the order dated 31.01.2024 of the second respondent thereby removing the petitioner from service and also submitted proposal for approval of dismissal order dated 31.01.2024.

2.

The learned counsel for the petitioner would submit that it is only recommendation for removal from service of the petitioner and without even approval of the same, the petitioner has now been disengaged from 31.01.2024. Now the proposal is pending before the Labour Commissioner and also fixed date for hearing on 07.08.2024. 2/4

3.

On perusal of the order dated 31.01.2024, the petitioner was dismissed from service as on 31.01.2024. It was sent for approval before the Labour Commissioner and it is pending. It does not mean that it is only recommendation. As such, this Court finds no infirmity or illegality in the impugned order passed by the second respondent. 4.

Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petitions are closed. There shall be no order as to costs.

11.07.2024 Index: Yes/No Speaking/Non-speaking order lok 3/4

G.K.ILANTHIRAIYAN, J.

lok To 1.The Labour Commissioner, Labour Commissionerate, DMS, Teynampet, Chennai 600 006 2.The General Manager, Tamilnadu State Transport Corporation, Salem Ltd., Salem 636 007 3.The Branch Manager, Tamilnadu State Transport Corporation, Namakkal-1 4.The Enquiry Officer, Tamilnadu State Transport Corporation, Salem Ltd., Salem 636 007 W.P.No.13774 of 2024 11.07.2024 4/4