K.Venkatachalam v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.07.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA K.Venkatachalam ... Petitioner Vs 1.The Joint Commissioner Officer under Industrial Disputes Act Teynampet, Chennai - 600 006.

2.The General Manager Tamil Nadu State Transport Corporation Salem Ltd., Salem - 636 007.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the second respondent to reinstate the petitioner in service with all benefits including salary in the light of the order passed by the first respondent in A.P.No.109 of 2021 dated 29.12.2023 by disposing of the petitioner's representation dated 14.05.2024 within a time frame fixed by this Court.

For Petitioner : Mr.A.Rajakumar For Respondents : Ms.M.Jayanthi Additional Government Pleader for R1

ORDER

1/4

The present writ petition has been filed seeking a mandamus to the second respondent to consider his representation dated 14.05.2024 and to dispose of the same within a time frame fixed by this Court. 2.The case of the petitioner is that he served as a driver in the respondent-Corporation from 2007-2019 and during the course of his employment, he was terminated from service on account of his absence from work. The respondent-Corporation had approached the first respondent in A.P.No.109/2021 seeking an approval for the order of termination issued to the petitioner herein. This Approval Petition came to be dismissed by the first respondent by order dated 29.12.2023. Thereafter, the petitioner had submitted his representation dated 14.05.2024 to the respondent-Corporation to reinstate him in services with all pay benefits. The said representation was not considered by the respondent-Corporation to date. Hence, the petitioner is before this Court seeking a mandamus.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the first respondent. 2/4

4. Considering the fact that the approval seeking confirmation of the order of termination of the petitioner has been rejected by the first respondent as early as on 29.12.2023 and despite a representation being submitted by the petitioner on 14.05.2024, it appears that to date no action was taken by the second respondent-Corporation to reinstate the petitioner into service. Therefore, a mandamus is issued to the second respondent to consider the representation of the petitioner dated 14.05.2024 and to pass a speaking order within a period of three months from the date of receipt of a copy of this order. No costs.

22.07.2025 Index : Yes / No ds To:

1.The Joint Commissioner Officer under Industrial Disputes Act Teynampet, Chennai - 600 006.

2.The General Manager Tamil Nadu State Transport Corporation Salem Ltd., Salem - 636 007.

3/4

P.T. ASHA, J, ds 22.07.2025 4/4