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Madras High CourtWP/35294/2025disposed of

M.Aravindhasamy v. The Principal Secretary

2025-09-18Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2025 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.35294 of 2025 and WMP.No.39509 of 2025 M.Aravindhasamy ... Petitioner Vs

1. The Principal Secretary to the Tamil Nadu State Government, Tamil Nadu State Transport Corporation, Transport (C2) Department, Secretariate, St. George Fort, Chennai - 600 019.

2. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram (w.e), Villupuram Division, Villupuram District.

3. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram Zonal, Villupuram District.

4. The Branch Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Tirupattur Dippo, Tirupattur District.

... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the petitioner's representation dated 25.09.2020, 04.10.2021, 16.10.2024 and 25.10.2024 and to consequently direct the respondents to reinstate the petitioner's conductor Job RC No.1384 with continuance of service and backwages together with attendant benefits as per the law within a stipulated time period and pass suitable orders.

For Petitioner :

Mr.D.Jagadeesan For Respondents :

Ms.S.Pavithra Standing Counsel for R2 to R4

ORDER

Ms.S.Pavithra, learned Standing Counsel accepts notice on behalf of the Respondents 2 to 4. With the consent of learned counsel on either side, this writ petition is taken up for final disposal.

2. This Writ Petition has been filed to direct the respondents 1 to 4 to consider the petitioner's representations dated 25.09.2020, 04.10.2021, 16.10.2024 and 25.10.2024 and consequently, direct the respondents to reinstate the petitioner in service with continuity of service and backwages together with attendant benefits as per law.

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3. The case of the petitioner is that he was working as a reserve conductor and he could not attend duty on 14.07.2019, due to his sister's death. When he reported before the fourth respondent for employment, the fourth respondent refused to allot work to the petitioner and had not permitted him to resume work. Thereafter, the petitioner sent several representations seeking reinstatement and he also submitted a representation dated 25.10.2024 by registered post seeking reinstatement of job. The first respondent, by letter dated 20.11.2024, forwarded the representation of the petitioner to the Managing Director/second respondent to take action and send a report. However, no action has been taken on the representation of the petitioner dated 25.10.2024 and thereby, this Writ petition has been filed seeking to consider the representation of the petitioner dated 25.10.2024.

4. The learned Standing Counsel for the respondents 2 to 4/Transport Corporation would submit that this petitioner was engaged as a conductor and he was absent for work from 2019. Thereafter, the petitioner has sent representations. He further submitted that in any event, the petitioner has to approach the Industrial Tribunal seeking redressal and thereby, the respondent had not considered the representation of the petitioner. Since the 3/6

petitioner has been absent for work from 2019, there is no question of re-employment. Hence, he seeks to dismiss this petition.

5. Under such circumstances, the petitioner is at liberty to approach the appropriate forum seeking redressal of his grievance under the Industrial Disputes Act, 1947.

6. With the above direction, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 18.09.2025 dh Index: Yes/No Internet: Yes/No Speaking Order/Non-speaking order 4/6

To

1. The Principal Secretary to the Tamil Nadu State Government, Tamil Nadu State Transport Corporation, Transport (C2) Department, Secretariate, St. George Fort, Chennai - 600 019.

2. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram (w.e), Villupuram Division, Villupuram District.

3. The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Villupuram Zonal, Villupuram District.

4. The Branch Manager, Tamil Nadu State Transport Corporation (Villupuram) Limited, Tirupattur Dippo, Tirupattur District.

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A.D.JAGADISH CHANDIRA.J dh W.P.No.35294 of 2025 18.09.2025 6/6