M.Subramaniam v. The Management

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.34493 of 2019 and W.M.P.No.35197 of 2019 M.Subramaniam S/o.Marappa Gounder

...Petitioner

vs.

The Management Tamil Nadu State Transport Corporation Coimbatore.

...Respondent

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the preliminary award dated 21.10.2019 made in I.D.No.125/2017 on the file of the Principal Labour Court, Coimbatore and quash the same and subsequently, direct the respondent to reinstate the petitioner in service with full backwages, continuity of service and all other attendant benefits from 29.05.2015. For Petitioner :

Mr.S.Saravanan

O R D E R

This writ petition is filed challenging the preliminary award dated 21.10.2019 passed by the Labour Court, Coimbatore, in holding that the domestic enquiry conducted by the respondent-Corporation is proper and valid and posting the matter for further proceedings.

2. Heard the learned counsel for the petitioner and perused the impugned preliminary award.

3. I do not think that the petitioner has to file the present writ petition hurriedly and challenge the preliminary award by raising all the contentions against the findings rendered by the Tribunal, since the final award is yet to be passed and that the petitioner is entitled to challenge the final award along with the findings rendered in this preliminary award as well. Therefore, I am of the view that this writ petition can be disposed of, without expressing any view on the merits of the claim made by the petitioner as well as the merits of the preliminary award passed by the Labour https://hcservices.ecourts.gov.in/hcservices/

Court, by granting liberty to the writ petitioner to challenge the final award once passed, along with this preliminary award. Accordingly, this Writ Petition is disposed of, by granting such liberty to the petitioner. It is made clear that all the contentions raised in this writ petition can be raised by the petitioner at the time of challenging the final award. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar mk To The Management Tamil Nadu State Transport Corporation Coimbatore.

+1cc to Mr.S.Saravanan , Advocate SR.No. 103494 W.P.No.34493 of 2019 A.SK(28/01/2020) https://hcservices.ecourts.gov.in/hcservices/