M.Jeyamurugan v. M/S.Tamil Nadu State Transport

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA M.Jeyamurugan ...

Petitioner versus M/s.Tamil Nadu State Transport Corporation (Salem) Ltd., Rep. by its Managing Director, No.12, Ramakrishna Road, Salem - 636 007.

...

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to regularize the service of the petitioner from 01.11.2008, the date of completion of 240 days as per the settlements arrived under Section 12 (3) of the Industrial Disputes Act, 1947 on 28.08.1989, 28.09.1989, 30.09.1992 and 31.08.2005 and in the light of the order passed by this Court in W.P.No.17831 of 2020 dated 21.06.2021 and consequently to pay the arrears of salary w.e.f. 01.11.2008 (i.e.) from the date of completion of 240 days duty with 6% interest to the petitioner herein by considering the representation of the petitioner dated 20.10.2021.

For Petitioner :

Mr.D.Soundar Raj For Respondent :

No Appearance 1/5

O R D E R

The petitioner has filed this Writ Petition to regularize his services from 01.11.2008 as per the settlements arrived under Section 12(3) of the Industrial Disputes Act, 1947 on 28.08.1989, 28.09.1989, 30.09.1992 and 31.08.2005 and in the light of the order passed by this Court in W.P.No.17831 of 2020 dated 21.06.2021 and consequently to pay the arrears of salary w.e.f. 01.11.2008 (i.e.) from the date of completion of 240 days of duty with 6% interest by considering his representation dated 20.10.2021.

2.

Heard Mr.D.Soundar Raj, learned counsel for the petitioner and perused the materials available on record.

3.

There is no representation for the respondent either in-person or through his counsel.

4.

Mr.D.Soundar Raj, learned counsel for the petitioner submitted that the petitioner who has been appointed as a Driver, had completed 240 2/5

days of continuous duty and hence, he is eligible to get regularisation as per Section 12(3) of the Industrial Disputes Act, 1947. 5.

Since the representation of the petitioner dated 20.10.2021 is said to be still pending without consideration, I feel it is appropriate to direct the respondent to consider the representation of the petitioner and pass appropriate orders, on merits and in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order. With the above observation, this Writ Petition is disposed. No costs. 20.02.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri To M/s.Tamil Nadu State Transport Corporation (Salem) Ltd., Rep. by its Managing Director, No.12, Ramakrishna Road, 3/5

Salem - 636 007.

4/5

R.N.MANJULA , J.

sri 20.02.2024 5/5