Ekanathan v. Tamilnadu Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 29.10.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.34456/2015 Ekanathan ..Petitioner Vs

1. The General Manager Tamilnadu Transport Corporation Ltd., Kanchipuram Division, Kanchipuram.

2. The Deputy Manager [Technical Section] Tamilnadu Transport Corporation Ltd., Kanchipuram Division, Kanchipuram.

..Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to give employment with lighter job to the petitioner along with pay protection and continuity of service, back wages and other attendant benefits from 18.11.2014 within a reasonable time to be fixed by this Court.

For Petitioner : Mr.R.Neelakandan For Respondents : Mr.P.Paramasivadoss

ORDER

By consent, the writ petition is taken up for final disposal.

2. The petitioner while working as a Tradesman of the respondent/Corporation. During the course of employment, he sustained severe grievous injuries on account of the bursting of a tyre which resulted in multiple fractures over his body and he has been operated thrice and and plates were also inserted. The petitioner, even after assumption of duty, was assigned with heavy work. In this regard, the petitioner submitted a representation dated 12.05.2015 to the jurisdictional Labour Officer, copies marked to the respondents, praying for assignment of lighter duty and since no orders have been passed, he came forward to file this writ petition.

3. Heard the learned counsel for the petitioner and Mr.P.Paramsivadoss, learned Standing counsel who accepts notice on behalf of the respondents.

4. This Court, in the light of the above facts and circumstances, permits the petitioner to submit one more representation to the respondents 1 and 2 by enclosing a copy of this https://hcservices.ecourts.gov.in/hcservices/

order within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondents are directed to consider and disposed of the said representation on merits and in accordance with law and pass orders within a further period of six weeks thereafter and communicate the decision taken, to the petitioner.

5. The writ petition is disposed of accordingly. No costs. AP Sd/- Assistant Registrar (Judicial) /True Copy/ Sub-Assistant Registrar To

1. The General Manager Tamilnadu Transport Corporation Ltd., Kanchipuram Division, Kanchipuram.

2. The Deputy Manager [Technical Section] Tamilnadu Transport Corporation Ltd., Kanchipuram Division, Kanchipuram.

+1 C.C. To MR.P.Paramasiva doss, Advocate in SR.NO.59319 +1 C.C. TO Mr.R.Neelakandan, Advocate in SR.NO.59017 W.P.No.34456/2015 KSJ(CO) sd : 17/11/2015 https://hcservices.ecourts.gov.in/hcservices/