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Madras High CourtWMP(MD)/3791/2025ordered

E.Kishore v. The Labour Court

2025-03-05Honourable Mr.Justice Mummineni Sudheer Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Fifth day of March Two Thousand and Twenty Five PRESENT:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR in WP(MD)No.1244 of 2012 E.Kishore ... Petitioner Vs 1.The Labour Court,Tirunelveli.

2.The Managing Director Tamil Nadu State Transport Corporation Ltd.

Ranithottam, Madurai Division-3 Nagercoil Kanyakumari District.

... Respondents Prayer in WMP(MD)No.3791 of 2022:- Writ Miscellaneous Petition filed under Article 226 of the Constitution of India to restore the order dated 08.03.2021 WP(MD) 1244/2012 on the file of this Honble High Court and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of this case and thus render justice. 1/4

Prayer in WP(MD)No.1244 of 2012:- Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus, calling for records of the 1st respondent relating to the order passed in I.D. No.42 of 2005, dated 03/10/2011 and quash the same and consequently direct the 2nd respondent herein to reinstate the petitioner with all back wages and continuity of service.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.A.Rahul, Advocate for the Petitioner and of Mr.K.Sathiyasingh for the second respondent, this Court made the following order: "This application came up for consideration before this Court on 26.02.2025 and the same was adjourned at the request of the learned counsel appearing for the respondent No.2 for filing counter. However, no counter affidavit is filed.

2. This Court, after having perused the affidavit filed in support of this application and after having heard the learned counsel for the petitioner, has convinced that there is sufficient reason for non-appearance on 08.03.2021 and hence, this application is ordered and the order dated 08.03.2021 passed in W.P. (MD)No.1244 of 2012 is recalled and the Writ Petition is restored on the file of this 2/4

Court, subject to the condition that the counsel for the petitioner shall file translated copy of the award impugned in the main Writ Petition by 14.03.2025.

3. List the main Writ Petition on 14.03.2025." Sd/- Assistant Registrar() // True Copy // /03/2025 Sub Assistant Registrar (CS- I/ II / III / IV) TO The Managing Director Tamil Nadu State Transport Corporation Ltd.

Ranithottam, Madurai Division-3 Nagercoil Kanyakumari District.

Copy to:

The Section Officer, Writ Posting Section, Madurai Bench of Madras High Court, Madurai.

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ORDER DATED: 05/03/2025 NEXT LISTING:14/03/2025 ==========================

ORDER

========================== IN WP(MD)No.1244 of 2012 KVL(10/03/2025) 4P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4