S.Srinivasan, v. The General Manager,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH andM.P.No.33966 of 2016 S.Srinivasan .. Petitioner /versus/ The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Erode Region, Chennimalai Road, Erode.

.. Respondent Prayer : Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to reinstate the petitioner with continuity of service, backwages and all other attendant benefits as per the order dated 14.12.2015 of the Special Deputy Commissioner of Labour, Chennai passed U/S 33(2)(b) of I.D.Act in Approval Application A.P.No.311/2013.

For Petitioner :Mr.V.Ajoy Khose For Respondent : Mr.A.Sundaravadanam ------ 1/4

O R D E R

It is stated by the petitioner that as against the impugned order dated 14.12.2015 passed under Section 33 (2)(b) of the Industrial Disputes Act, 1947 in A.P.No.311 of 2013, the respondent-Corporation had challenged the same before this Court in W.P.No.8827 of 2018, which was dismissed on 06.10.2022. As against the same, the respondent-Corporation has filed an intra-court appeal, which is pending.

2.While that be so, considering the prayer sought for in this writ petition, seeking reinstatement of the petitioner with continuity of service, back wages and all other attended benefits, as per the order, dated 14.12.2015, cannot be appropriate. On the other hand, it is always open to the petitioner to make such pleas before the Hon'ble Division Bench of this Court.

3.With the above observations, this Writ Petition stands closed. No costs. Consequently, connected Miscellaneous Petition is also closed. 31.01.2023 Index:Yes/No ari 2/4

To:

The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Erode Region, Chennimalai Road, Erode.

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M.S.RAMESH,J.

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