V.Palani v. The Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2022 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI V.Palani Petitioner Vs.
1.The Managing Director, Tamilnadu State Transport Corporation (Madurai) Ltd., Bye-pass Road, Madurai - 625 016.
2.The General Manager, Tamilnadu State Transport Corporation(Madurai) Ltd., Dindigul Region, Bye-pass Road, Dindigul.
3.The Joint Commissioner of Labour, Teynampet, Chennai - 600 018.
4.The Deputy Commissioner of Labour, Collectorate, Thadikombu Road, Dindigul.
Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the second respondent in Ref:SaThu:A6:2023, dated 27.01.2003, quash the same and further direct the respondents 1 and 2 to effect the continuity of services with back wages and also pay the arrears of back wages after deducting the 17(b) wages and also the provident fund contribution to the pension scheme and further to settle the terminal benefits viz gratuity, provident fund, Medical Engineering Contribution and SS Scheme, etc along with the interest at the rate of 12% from the superannuation to till the date of settlement of the Monetary Benefits.
For Petitioner :Mr.K.Gokul For R1 & R2 :Mr.J.Senthil Kumaraiah 1/3
O R D E R
This writ petition is filed challenging the dismissal order passed by the second respondent in Ref:SaThu:A6:2023, dated 27.01.2003.
2.The petitioner, who served as Conductor in the Tamilnadu State Transport Corporation(Madurai) Ltd., Dindigul Region was dismissed from service on 27.01.2003 and as against the order of dismissal and the orders passed by the Commissioner of Labour, the petitioner is before this Court with the present writ petition. 3.Mr.J.Senthil Kumaraiah, learned Counsel appearing for the respondents 1 & 2 raised preliminary objection with regard to the maintainability of the Writ Petition. He submits that this is the fourth round of litigation. The petitioner has already filed a writ petition, wherein, this Court directed the petitioner to approach the Labour Court. Even thereafter, the petitioner has preferred this writ petition.
4.The learned counsel for the petitioner submits that his request for permission to approach the Labour Court was rejected by the Commissioner of Labour and therefore, this petitioner is left with no other option, has approached this Court for getting efficacious remedy.
5.This Court paid its anxious consideration to the rival submissions made and also perused the materials placed on record. 6.The petitioner is having a remedy before the Labour Court and instead of approaching the Labour Court by raising Industrial Dispute, he has filed this writ petition. The preliminary objection raised by the learned counsel appearing for the respondents 1 & 2 is accepted by this Court.
7.In view of the above, the writ petition is dismissed with a liberty to the petitioner to raise Industrial Dispute, in accordance with law, for the relief sought for in this writ petition. No costs.
Sd/- Assistant Registrar(AS) /TRUE COPY/ / /2022 Sub Assistant Registrar(CS) vrn 2/3
Note:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Managing Director, Tamilnadu State Transport Corporation (Madurai) Ltd., Bye-pass Road, Madurai - 625 016.
2.The General Manager, Tamilnadu State Transport Corporation(Madurai) Ltd., Dindigul Region, Bye-pass Road, Dindigul.
3.The Joint Commissioner of Labour, Teynampet, Chennai - 600 018.
4.The Deputy Commissioner of Labour, Collectorate, Thadikombu Road, Dindigul.
Order made in 20.01.2022 MK/03.03.2022/3P/5C 3/3