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Madras High CourtWP/16937/2025disposed of

M.Balasubramanian v. The Chairman And Managing Director

2025-06-20Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.06.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA M.Balasubramanian ... Petitioner Vs 1.The Chairman and Managing Director Tamil Nadu State Transport Corporation (Coimbatore) Limited 37, Mettupalayam Road, Coimbatore - 641 043.

2.The General Manager Tamil Nadu State Transport Corporation (Coimbatore) Limited 37, Mettupalayam Road, Coimbatore - 641 043.

3.The Manager (Legal) Tamil Nadu State Transport Corporation (Coimbatore) Limited 37, Mettupalayam Road, Coimbatore - 641 043.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent herein to consider and pass a detailed and a speaking order on merits and in accordance with law within a time frame that may be stipulated by this Court on the representation date 12.03.2025 in the light of the judgment dated 20.03.2025 made in W.P.No.19503 of 2020 of this Court. For Petitioner : Mr.K.S.Govinda Prasad

ORDER

The above writ petition is filed for the following relief : " To issue a Writ of Mandamus or order or direction in the nature of Mandamus directing the first respondent herein to consider and pass a detailed and a speaking order on merits and in accordance with law within a time frame that may be stipulated by this Hon'ble Court on the representation dated 12.03.2025 in the light of the judgment dated 20.03.2025 made in W.P.No.No.19503 of 2020 of this Hon'ble Court and pass such further or other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and thus render justice."

2. It is relevant to state that the petitioner herein had approached this 2/6

Court in W.P.No.16931 of 2025, where the facts narrated in the affidavit filed in support of the said petition, has been reproduced therein. Therefore, it is not necessary to reproduce the same set of facts herein and only the crux of the case is dealt with in this writ petition.

3. The claim of the petitioner is that on 12.03.2025, the petitioner had sent a representation to the respondent-Corporation seeking voluntary retirement and requesting the respondent to relieve him from service on account his ill-health and to consider the service he had put up in the respondent-Corporation which has spread over for 21 years 7 months and 5 days from 05.04.1998 to 27.04.2019. This representation has been kept pending by the respondents from the date of its presentation. Hence, the present writ petition seeking aforementioned relief.

4. The counsel for the petitioner would submit that before the Labour Court in I.D.No.63 of 2015, a settlement was reached by the parties at the time of Mediation conducted by the Presiding Officer of the Labour Court. The workman / petitioner herein had also submitted a memo of acceptance, recognizing the agreement entered into between him and the Management, 3/6

and the Labour Court also recorded the same and directed the Management to provide the workman with an alternative job. The respondentManagement instead of providing an alternate job as agreed at the time of settlement before the Labour Court, has filed a writ petition in W.P.No.19503 of 200, challenging the award in I.D.No.63 of 2015. The learned Judge of this Court by order dated 20.03.2025, has dismissed the said W.P.No.19503 of 2020, imposing a cost of Rs.10,000/- and directed the Management to pay the said sum to the counsel for the workman. However, the respondent-Management is yet to provide the alternate employment, hence the writ.

5. Heard the learned counsel for the petitioner.

6. Considering the fact that the writ petition filed by the Management/Corporation challenging the I.D.No.63 of 2015 has been dismissed by this Court on 20.03.2025 in W.P.No.19503 of 2020, and also the fact that the petitioner had submitted a representation dated 12.03.2025 seeking voluntary retirement, which representation has not been considered to date, there shall be a direction to the first respondent to consider the 4/6

representation of the petitioner and pass speaking orders within a period of one month from the date of receipt of a copy of this order. No costs. 20.06.2025 Index : Yes / No ds To:

1.The Chairman and Managing Director Tamil Nadu State Transport Corporation (Coimbatore) Limited 37, Mettupalayam Road, Coimbatore - 641 043.

2.The General Manager Tamil Nadu State Transport Corporation (Coimbatore) Limited 37, Mettupalayam Road, Coimbatore - 641 043.

3.The Manager (Legal) Tamil Nadu State Transport Corporation (Coimbatore) Limited 37, Mettupalayam Road, Coimbatore - 641 043.

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P.T. ASHA, J, ds 20.06.2025 6/6