T.Viswanathan v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.08.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 32134 of 2025 T.Viswanathan

...Petitioner

Vs.

The General Manager Tamil Nadu State Transport Corporation (Coimbatore) Limited, Erode Region and District.

...Respondent

Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issue of Writ of Mandamus, directing the respondent to accept the petitioner to continue in service by providing any office works or shed works to him in the respondent corporation by considering his health issues on the basis of his representation dated 09.08.2025. 1/6

For Petitioner :

Mr. C.R.Gokulvisvas For Respondent :

Mr. M.Murali Vinodh Standing Counsel

O R D E R

The Writ Petition is filed for the following relief: "directing the respondent to accept the petitioner to continue in service by providing any office works or shed works to him in the respondent corporation by considering his health issues on the basis of his representation dated 09.08.2025".

2. The petitioner served as a bus driver in the respondent corporation for nearly 15 years and he was affected by Jaundice infection in the year 2022 due to his continuous hard work in respondent corporation. Due to advanced stage of Jaundice infection his liver, pancreas and kidney functions were severally affected and put him in serious health condition.

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3. Therefore, the petitioner took a medical leave after giving due intimation to the respondent corporation and after his health condition had improved he decided to resume his service. Therefore, as per the medical advice regarding his health conditions he approached the respondent corporation in person and made a written representation requesting them to provide any office work or shed work to him by considering his health issues and livelihoods. However, suppressing all these facts the respondent corporation dismissed the petitioner from service on 29.12.2022 stating that he was absconded from service.

4. Thereafter the respondent corporation placed the above impugned dismissal order before the Commissioner for Labour seeking to grant approval. However, the Commissioner for Labour after conducting due enquiry rejected the dismissal order passed by the respondent stating that the dismissal order is illegal and without following any procedure. Therefore, the petitioner sent a representation requesting the respondent to provide him with any shed work or office work to continue his service, but till date no action was 3/6

taken by the respondent. Therefore, the writ petition has been filed.

5. Heard the learned counsels on the either side and perused the records.

6. Considering the fact that the respondent's approval for dismissing the petitioner has been rejected by the Commissioner and also the fact that the petitioner's representation dated 09.08.2025 has not been considered to date, the Writ Petition is allowed. The respondent is directed to consider the petitioner's representation dated 09.08.2025 and pass order on merits and in accordance with law within a period of 1 month from the date of receipt of a copy of this order. No costs.

28.08.2025 Index : Yes/No Internet : Yes/No kan 4/6

To The General Manager Tamil Nadu State Transport Corporation (Coimbatore) Limited, Erode Region and District.

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P.T. ASHA, J kan W.P.No. 32134 of 2025 28.08.2025 6/6