Madras High CourtWP(MD)/11489/2019dismissed

J.Nagarajan, S/O.Jayaraman, v. The General Manager

2019-06-17Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.11489 of 2019 and W.M.P.(MD)Nos.8760 & 8761 of 2019 J.Nagarajan ... Petitioner Vs.

The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Bye Pass Road, Madurai.

... Respondent Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Certiorarified Mandamus, to call for records pertaining to the impugned order in Ref:Admn/A2/3337/2018, dated 16.07.2018, passed by the respondent, quash the same and consequently, direct the respondent to restore the petitioner in the Maintenance Section as Non-ITI Helper sanction, within the time stipulated by this Court. For Petitioner : Mr.G.M.Xavier For Respondent : Mr.J.Senthilkumariah

ORDER

This Writ Petition has been filed seeking to quash the impugned order in Ref:Admn/A2/3337/2018, dated 16.07.2018, passed by the respondent, and consequently, direct the respondent to restore the petitioner in the Maintenance Section as Non-ITI Helper sanction, within the time stipulated by this Court.

2.According to the petitioner, the respondent has committed an unfair labour practice of re-designating him as Non-ITI Helper to Clerk without leave as per sub-clause (e) of clause 5 of the 5th schedule read with Section 2(ra) of the Industrial Disputes Act. 3.The learned Standing Counsel appearing for the respondent submitted that the petitioner cannot seek the remedy before this Court under Article 226 of the Constitution of India and the petitioner is having efficacious remedy before the concerned forum under the Industrial Disputes Act.

4.As rightly submitted by the learned Standing Counsel appearing for the respondent, this Writ Petition is not maintainable. Therefore, this Writ Petition is dismissed. No https://hcservices.ecourts.gov.in/hcservices/

costs. It is open to the petitioner to approach the concerned forum to seek his remedy. Consequently, connected Miscellaneous Petitions are closed.

sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar(CS ) To The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Bye Pass Road, Madurai.

+1 CC to MR.G.M.XAVIER, Advocate ( SR-69168[F] dated 17/06/2019 ) +1 CC to Mr.J.SENTHIL KUMARAIAH, Advocate ( SR-69112[F] dated 17/06/2019 ) W.P.(MD) No.11489 of 2019 17.06.2019 SMN2 MK (26.06.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/