The Tamil Nadu State Transport Corporation v. D.Ramu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2021

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.22421 of 2021 and W.M.P.No.23666 of 2021 The Tamil Nadu State Transport Corporation, (Villupuram) Limited, Rep. by its General Manager, Mr.V.Arjunan, M/56 Yrs S/o Vellaichamy, Kancheepuram Region III, Kancheepuram.

...Petitioner

-VsD.Ramu

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari to call for the records from the Presiding Officer, 1st Additional Labour Court, and quash the claim petition order dated 18.03.2020 in C.P.No.11 of 2018 passed by the Presiding Officer, 1st Additional Labour Court.

For Petitioner : Mr.G.Saravana Kumar for Mr.S.Mishra Sathya Seeman

ORDER

The present writ petition is filed against an order passed under Section 33C(2) of the Industrial Disputes Act, 1947.

2. The application itself was filed by way of implementation of the earlier award passed by the 1st Additional Labour Court on 22.07.2016 in I.D.No.26 of 2012. https://hcservices.ecourts.gov.in/hcservices/

3. The learned counsel for the petitioner, on instructions, would submit that the petitioner-corporation has not challenged the original award passed by the 1st Additional Labour Court in I.D.No.26 of 2012 on 22.07.2016.

4. While that being so, the grounds raised in the present writ petition, which touches upon the entitlement of the respondent for the monetary benefits arising out of the award, cannot be sustained, since the original award has become final. In other words, the present impugned order passed in the claim petition is only by way of implementation of the original award, insofar as it relates to the monetary benefits, for which the respondent is entitled to. As such, there are no merits in the present writ petition.

4. Accordingly, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-VII) // True Copy // Sub Assistant Registrar hvk/ata To 1.The General Manager, The Tamil Nadu State Transport Corporation, (Villupuram) Limited, Kancheepuram Region III, Kancheepuram.

2.The Presiding Officer, 1st Additional Labour Court, Kancheepuram.

+1CC to M/s.Mishra Sathya Seeman, Advocate, SR.No. 54938 W.P.No.22421 of 2021 and W.M.P.No.23666 of 2021 GSM(CO) B.VC (02/11/2021) https://hcservices.ecourts.gov.in/hcservices/