Benigar .N v. The Deputy Commissioner Of Labour
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.389 of 2024 N.Benigar ... Petitioner vs 1.The Deputy Commissioner of Labour, (Conciliation) Nagercoil, Kanayakumari District.
2. The Joint Director of Co-operative Societies, Kanayakumari District, District Collector Office complex, Nagercoil, Kanayakumari District.
3. The Deputy Registrar of Co-operative Societies (P.D.S) Palace Road, Thakkalai, Kanyakumari District.
4. The Administrator, Kolvel Primary Agricultural Co-operative Credit Society Ltd., No.Y-192, Thiruvarambu, Kanayakumari District.
... Respondents 1/4
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 to 4 to reinstate the petitioner by virtue of the proceeding in Na.Ka.No.457/2021 dated 24.01.2022 on the file of the 1st respondent, by considering the representation dated 11.10.2023.
For Petitioner : Mr.Aayiram K.Selvakumar For Respondent Nos.1 to 3 : Mr.A.Baskaran, Additional Government Pleader *****
O R D E R
The instant writ petition has been filed by a terminated employee of the fourth respondent Society, seeking a mandamus to reinstate him in service, based upon the orders of the first respondent dated 24.01.2022.
2. A perusal of the order of the first respondent on 24.01.2022 reveals that there was a conciliation proceedings, in which the fourth respondent was instructed to reinstate the petitioner. However, the fourth respondent had refused to reinstate the petitioner on the ground that final orders have been passed by the first respondent on 12.10.2022, wherein he has reported that the 2/4
conciliation has failed. In view of the final orders passed by the first respondent, the present writ petition seeking a mandamus based upon the interim orders of the 1st respondent dated 24.01.2022 is not maintainable.
3. In view of the above said facts, this writ petition is disposed of with a liberty to the petitioner to approach the appropriate forum for appropriate relief. No costs.
04.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No gvn 3/4
R.VIJAYAKUMAR,J.
gvn To 1.The Deputy Commissioner of Labour, (Conciliation) Nagercoil, Kanayakumari District.
2. The Joint Director of Co-operative Societies, Kanayakumari District, District Collector Office complex, Nagercoil, Kanayakumari District.
3. The Deputy Registrar of Co-operative Societies (P.D.S) Palace Road, Thakkalai, Kanyakumari District.
4. The Administrator, Kolvel Primary Agricultural Co-operative Credit Society Ltd., No.Y-192, Thiruvarambu, Kanayakumari District.
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