A.T.Soundar Rajan v. The Managing Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2025

CORAM

THE HON'BLE MR.JUSTICE C.KUMARAPPAN W.P.No.21431 of 2025 and W.M.P No.24199 of 2025 A.T.Soundar Rajan ... Petitioner -vs1. The Managing Director Tamil Nadu State Transport Corporation Villupuram 2.The General Manager Tamil Nadu State Transport Corporation Villupuram Division II Rangapuram, Vellore-632 009.

... Respondents Prayer: Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records relating to orders in (1) Pro.No.140764/S4/TNSTC (V)/Ve.Ma/2006 dated 05.02.2007 of the second respondent and (2) Letter No.140764/S4/TNSTC(V)/Ve.Ma/2006 dated 30.07.2021 of the first respondent, to quash the said orders and to issue consequential directions to the respondents to reinstate the petitioner in service with consequential benefits of back pay, continuity of service.

For Petitioner : Mr.T.Dharani 1/5

For Respondents : Mr.S.Pavithra Standing Counsel *****

O R D E R

This Writ Petition is filed for a Certiorarified Mandamus, calling for the records relating to orders in (1) Pro.No.140764/S4/TNSTC (V)/Ve.Ma/2006 dated 05.02.2007 of the second respondent and (2) Letter No.140764/S4/TNSTC(V)/Ve.Ma/2006 dated 30.07.2021 of the first respondent, to quash the said orders and to issue consequential directions to the respondents to reinstate the petitioner in service with consequential benefits of back pay, continuity of service.

2. The learned counsel for the petitioner would submit that the petitioner was dismissed from service and against which, he has preferred an appeal before the Appellate Authority. The Appellate Authority has confirmed the disciplinary authorities' order. Aggrieved with the Appellate Authorities' order dated 30.07.2021 , the instant writ petition has been filed.

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3. The learned Standing Counsel would strongly object the contention of the petitioner and would submit that the petitioner cannot have any remedy under Article 226 of Constitution of India and he being an workmen, he has to raise an industrial dispute before the Labour Court.

4. I have given my anxious consideration to either side submissions.

5. The submissions made by the learned Standing Counsel that the petitioner is a workmen and that he has to raise an industrial dispute before the Labour Court sounds positive. It is a well settled principle of law that whenever factual aspects are in dispute and the documents are to be gone into, the Writ Court should restrain from proceeding the matter. In the case on hand, the petitioner has an alternative remedy before the Labour Court.

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6. In such view of the matter, this Court do not find any merit in the instant writ petition.

7. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 19.06.2025 Index: Yes/No Internet: Yes/No uma To:

1. The Managing Director Tamil Nadu State Transport Corporation Villupuram 2.The General Manager Tamil Nadu State Transport Corporation Villupuram Division II Rangapuram, Vellore-632 009.

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C.KUMARAPPAN,J., uma W.M.P No.24199 of 2025 19.06.2025 5/5