Madras High CourtWP(MD)/14514/2019dismissed

V.Selvamayil v. The Managing Director

2019-06-28Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.06.2019

CORAM:

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.14514 of 2019 and W.M.P.(MD).No.10950 of 2019 V.Selvamayil .. Petitioner Vs.

1.The Managing Director, Tamil Nadu State Express Transport Corporation Ltd., Thiruvalluvar Illam, No.2, Pallavan Salai, Chennai.

2.The General Manager, Tamil Nadu State Express Transport Corporation Ltd., Thiruvalluvar Illam, No.2, Pallavan Salai, Chennai.

3.The Branch Manager, Tamil Nadu State Express Transport Corporation Ltd., Madurai Branch, Madurai.

.. Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents to regularize the service of the petitioner as Driver cum Conductor along with monetary benefits within the time frame that may be stipulated by this Court.

For Petitioner : Mr.R.R.Kannan For Respondents : Mr.K.Sathiya Singh Standing Counsel

ORDER

This petition has been filed for issuance of writ of Mandamus directing the respondents to regularize the service of the petitioner as Driver cum Conductor along with monetary benefits within the time frame that may be stipulated by this Court. 2.The learned standing counsel appearing for the corporation, submitted that the petitioner has to approach the concerned Labour Court under the Industrial Disputes Act. Therefore, the present writ petition is not maintainable.

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3.By considering the aforesaid submissions of the learned counsel for the respondent corporation, this Court is of the view that the petitioner should approach the concerned forum under the Industrial Disputes Act.

4.It is made clear that this order does not stands in the way of the consideration of the representation of the petitioner by the respondent corporation.

5.With the above direction this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (RTI) / True Copy / Sub Assistant Registrar(CS- ) TM +1 CC to M/s.RR KANNAN, Advocate ( SR-72484[F] dated 01/07/2019 ) +1 CC to M/s.K.SATHIYA SINGH, Advocate ( SR-72509[F] dated 01/07/2019 ) W.P(MD)No.14514 of 2019 28.06.2019 ES/09.07.2019/2P/3C https://hcservices.ecourts.gov.in/hcservices/