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Madras High CourtWP/34714/2024allowed

C.Vengatesan v. The Managing Director

2025-07-10Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.07.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.Vengatesan (Conductor CR10023) ... Petitioner Vs.

1.The Managing Director Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram - 605 602.

2.The General Manager Tamil Nadu State Transport Corporation (Villupuram) Ltd., Tiruvannamalai Region Tiruvannamalai District - 606 604.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to reinstate the petitioner as conductor along with continuity of service with all attendant benefits and back wages and also to give permanent status of employment by considering the petitioner's representation dated 19.09.2024 within a time frame stipulated by this Court.

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For Petitioner :

Mr.S.Ananth For Respondents :

Ms.S.Pavithra for R1 & R2

ORDER

The above writ petition has been filed seeking a mandamus to the respondents to reinstate the petitioner as Conductor along with continuity of service with all attendant benefits, back wages and to give him a permanent status of employment, by considering his representation dated 19.09.2024, within a stipulated time.

2. The petitioner herein had joined the services of second respondentCorporation on 22.08.2007 as a daily wager. According to him, he had put in more than 10 years of service from 2007 to 2017. The petitioner had been dismissed from service on 24.11.2017 for the alleged misconduct of not issuing ticket to a passenger, upon collecting a ticket fare of Rs.4/- from him. After completing the enquiry, the Management filed an approval petition in A.P.118 of 2021, which came to be dismissed by an order dated 11.08.2023, holding that the domestic enquiry was not conducted in accordance with law. 2/5

However, no appeal was preferred by the Management against the said dismissal.

3. The petitioner would contend that the Management had provided permanent status to several persons who joined along with him, as daily wagers. In this circumstances, the petitioner had approached the Management and made several representations to reinstate him in service as Conductor along with continuity of services, attendant benefits, backwages and also to provide him permanent status, and the last representation was on 19.09.2024. Since the said representation has not been considered by the respondents to date, the petitioner is before this Court.

4. It is to be noted that the Management had approached this Court in W.P.No.36128 of 2024 seeking to quash the order of the Special Joint Commissioner for Labour, Chennai, dated 11.08.2023 made in A.P.No.118 of 2021, and the same was dismissed by this Court vide order dated 10.07.2025, confirming the order of the Labour Court.

5. In the light of the order passed by this Court in W.P.No.36128 of 3/5

2024, confirming the order of the Special Joint Commissioner for Labour rejecting the approval petition in A.P.No.118 of 2021, the above writ petition filed by the petitioner-workman is allowed and a mandamus is issued to the respondents to consider the representation of the petitioner dated 19.09.2024 and pass a speaking order in the manner known to law, within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 10.07.2025 (2/2) Index : Yes/No ds 4/5

P.T. ASHA, J, ds 10.07.2025 5/5