V.Sadha Sivam, Ec 0289 v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2024

CORAM

THE HONOURABLE MR. JUSTICE G. ARUL MURUGAN W.P.No.21450 of 2014 V. Sadhasivam Conductor S/o. V. Varadhan Gounder, 6, Ajantha Nagar, Bavani Main Road, B.B. Agrharam, Erode 638 005.

...Petitioner

Vs.

The General Manager, Tamil Nadu State Transport Corporation Limited, (Coimbatore Division), Erode Region, Senniamali Road, Erode 638 001

...Respondent

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records from the respondent relating to the order bearing Pa. No.1566/B1/PaPi.2/TSTC/CO-E MA/13 dated 03.07.2013 quash that portion of the said order by which the respondent confirms the petitioner in service with effect from 13.05.2013 instead of 07.03.2008 and consequently direct the respondent to confirm the petitioner in service with effect from 07.03.2008 and fix him in appropriate time scale and pay him the arrears with effect from 07.03.2008. For Petitioner : Mr. S. Ayyathurai 1/4

For Respondent : Mr. Murali Vinodh Standing counsel for the respondent

ORDER

This Writ Petition has been filed challenging the order of the respondent, the Tamil Nadu State Transport Corporation Limited, Erode, dated 03.07.2013 insofar as the service of the petitioner has been confirmed with effect from 13.05.2013 instead of 07.03.2008.

2. When the matter is taken up for hearing today, Mr. Murali Vinodh, learned standing counsel appearing for the respondent submitted that, pending Writ Petition, the petitioner had also parallely filed an application seeking for the same relief before the Assistant Commissioner of Labour and after enquiry, the Assistant Commissioner of Labour, by an order dated 30.06.2023 in Na.Ka. No.340/22, allowed the claim of the petitioner for regularising his services with effect from 07.03.2008. Challenging the said orders passed by the Assistant Commissioner of Labur, the respondent Management has preferred a Writ Petition in W.P. No.4452/2024 and the same has been admitted and an interim order of stay has been granted.

2/4

3. In view of the aforesaid developments, the same relief sought for in the present writ petition has become infructuous. Accordingly, this Writ Petition is dismissed as infructuous.

4. There shall be no order as to costs.

06.12.2024 Speaking order/non speaking order Index :

Yes/No :

Yes/No bga To The General Manager Tamil Nadu State Transport Corporation Limited, (Coimbatore Division), Erode Region, Senniamali Road, Erode 638 001 3/4

G. ARUL MURUGAN, J.

bga W.P.No. 21450 of 2014 06.12.2024 4/4