R.Krishnamoorthy, v. The Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.06.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA R.Krishnamoorthy
...Petitioner
Vs.
1.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram.
2.The General Manager, Tamil Nadu State Transport Corporation Ltd., Villupuram.
...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the entire records relating to the impugned order passed by the 1st respondent in his proceedings Ka.Ku.No.433/1433/D4/TNSTC(Vi)/2012, dated 10.09.2014 whereby confirming the order passed by the 2nd respondent in his proceedings Ka.Ku.No.433/1433/D4/TNSTC/2012 dated 1/8
22.07.2014 and quash the same and consequently direct the respondents to reinstate the petitioner into service with all attendant benefits and monetary benefits along with service continuity. For Petitioner :
Mr. C.Prakasam For Respondents :
Mr. M.Aswin.
O R D E R
The Writ Petition has been filed for the following relief: "to call for the entire records relating to the impugned order passed by the 1st respondent in his proceedings Ka.Ku.No.433/1433/D4/TNSTC(Vi)/2012, dated 10.09.2014 whereby confirming the order passed by the 2nd respondent in his proceedings Ka.Ku.No.433/1433/D4/TNSTC/2012 dated 22.07.2014 and quash the same and consequently direct the respondents to reinstate the petitioner into service with all attendant benefits and monetary benefits along with 2/8
service continuity"
2. A memo has been filed by the respondents, wherein it is stated as follows:
"It is submitted after dismissal of the workman there was common dispute pending before the commissioner of labour so as per section 33(2)(b) of the ID Act, management have filed Approval Petition in A.P.No.178 of 2014 before the Special joined Commissioner of Labour, Chennai. The Special Joint Commissioner of Labour, Chennai passed an order dated 19.02.2018 rejecting the said petition for approval. It is submitted that the Corporation filed Writ Petition in W.P.No.32622 of 2018 before the Hon'ble High Court at Madras challenging the order of rejection 3/8
of approval in the A.P.No.178 of 2014 order dated 19.02.2018.
It is submitted that the Writ Petition in W.P.No.32622 of 2018 filed by the Corporation is allowed and the order in A.P.No.178 of 2014 was set aside.
It is submitted that aggrieved by the order made in W.P.No.32633 of 2018 Petitioner herein filed Writ Appeal in W.A.No.631 of 2024 and the same the same is allowed before division bench of this Hon'ble Court on 29.04.2024.
It is further submitted that since Petitioner filed Writ Appeal in W.A.No.631 of 2024 and the same is allowed therefore this writ petition is infructuous. 4/8
It is therefore prayed that this Hon'ble court may be pleased to dismiss the writ petition in W.P.No.27548 of 2014 and thus render Justice.
3. In the light of the above, nothing survives for consideration in the Writ Petition. Accordingly, the Writ Petition is dismissed as infructuouus. No costs.
06.06.2024 Index : Yes/No Internet : Yes/No kan 5/8
To 1.The Managing Director, Tamil Nadu State Transport Corporation Ltd., Villupuram.
2.The General Manager, Tamil Nadu State Transport Corporation Ltd., Villupuram.
6/8
P.T. ASHA, J, kan 7/8
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