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Madras High CourtWP/20738/2019dismissed

A.Malathi v. The Managing Director

2025-04-07Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Malathi ... Petitioner Vs.

The Managing Director, M/s.E-Quire Technologies Pvt. Ltd., 78, Second Cross, Sithananda Nagar, Puducherry - 605 005.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the Industrial Tribunal cum Labour Court, Puducherry pertaining to its proceedings dated 06.02.2019 made in I.D.(L) No.17 of 2016 and quash the same in so far as rejection of the claim for back wages is concerned and consequently direct the respondent to pay the back wages and compensation to the petitioner.

For Petitioner : Mr.K.S.Karthik Raja For Respondent : Mr.V.P.Chamuraj 1/4

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorarified Mandamus calling for the records of the Industrial Tribunal cum Labour Court, Puducherry pertaining to its proceedings dated 06.02.2019 made in I.D.(L) No.17 of 2016 and quash the same in so far as rejection of the claim for back wages is concerned and consequently direct the respondent to pay the back wages and compensation to the petitioner.

2.The learned counsel appearing for the petitioner submitted that the petitioner raised industrial dispute challenging the order of dismissal and the Labour Court directed the respondent to reinstate the petitioner and denied backwages, however, the petitioner has not yet been reinstated.

3.The learned counsel appearing for the respondent submitted that despite the request made by the respondent, the petitioner has not joined duty and further submitted that if the petitioner reports duty, she will be allowed to join duty.

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4.In view of the above, the petitioner is directed to report duty, within a period of two weeks from the date of receipt of a copy of this order on the basis of the order for reinstatement. If the petitioner fails to report duty within the stipulated period, the impugned award becomes infructuous since the petitioner is not ready to join duty. 5.The writ petition is disposed of. No costs. 07.04.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To The Industrial Tribunal cum Labour Court, Puducherry.

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M.DHANDAPANI,J.

pri 07.04.2025 4/4