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Madras High CourtWP/28922/2023dismissed

The Management v. K.Krishnamoorthy

2025-06-23Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.28922 of 2023 and WMP.No.28513 of 2023 The Management Tamil Nadu State Transport Corporation (Salem) Limited, Bharathipuram, Salem Main Road, Dharmapuri 5.

... Petitioner Vs.

1.K.Krishnamoorthy 2.The Special Joint Commissioner Of Labour DMS Campus, Anna Salai, Chennai.

... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus to Call for the records pertaining to the order dated 19.04.2022 passed by the second respondent in Approval Petition No.76 of 2021 and quash the same, consequently direct the second respondent to approve the order of the petitioner dated 24.02.2021 dismissing the first respondent from service.

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For Petitioner : M/s.K.Raja For Respondent : M/s.R.Dhanasekar for R.1 : Mr.A.N.Purushotham, SGP for R.2

O R D E R

The above Writ Petition is filed for the following reliefs:- "to Call for the records pertaining to the order dated 19.04.2022 passed by the second respondent in Approval Petition No.76 of 2021 and quash the same, consequently direct the second respondent to approve the order of the petitioner dated 24.02.2021 dismissing the first respondent from service."

2. It is brought to the notice of the Court that the Writ Petition which was filed by the workman for a Mandamus to implement the order passed by the 3rd respondent/2nd respondent herein in A.P.No.76 of 2021 dated 19.04.2022 has been disposed of by this Court on 18.03.2025 in WP.No.20801 of 2023 on the following lines:- " 10. In light of the above, the matter is 2/5

remanded back to the respondents 1 and 2 and a competent officer from the Salem Zone shall be appointed as an Enquiry Officer for conducting enquiry and the said enquiry officer shall conduct enquiry by following the procedure laid down under law and by adhering to the principles of natural justice and pass appropriate orders on or before 02.06.2025. The petitioner as well as the authorities are at liberty to produce the necessary documents to substantiate their claim before the enquiry officer. In the result, the Writ Petition is disposed of. No costs. "

3. It is also brought to the notice of the Court that the enquiry has already been initiated and the respondent workman who had appeared in the said enquiry had sought time to make his submission before the Enquiry Officer.

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4. In the light of the above, no further orders are required to be passed in the instant Writ Petition. Accordingly, the Writ Petition stands dismissed. No costs.

Consequently, the connected Miscellaneous Petition is closed.

23.06.2025 (shr) Index : Yes/No Speaking Order: Yes/No To

1. The Special Joint Commissioner Of Labour DMS Campus, Anna Salai, Chennai.

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P.T. ASHA . J., (shr) W.P.No.28922 of 2023 and WMP.No.28513 of 2023 23.06.2025 5/5