Chakaravarthi Vinayaga Saravanan.M v. The General Manager

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR and W.M.P.(MD) No.7829 of 2021 M.Chakaravarthi Vinayaga Saravanan ... Petitioner -vsThe General Manager Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region Pillai Thaneer Pandhal Thirumayam Road Pudukottai ... Respondent PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondent to reinstate the petitioner with continuity of service, backwages and all other attendant benefits as per the order dated 05.03.2021 of the Special Joint Commissioner of Labour, Chennai, passed under Section 33(2)(b) of the I.D.Act in approval application A.P.No.107 of 2019.

For Petitioner :

Mr.G.M.Xavier For Respondent :

Mr.S.C.Herold Singh

O R D E R

This writ petition has been filed by the petitioner - workman seeking a writ of mandamus directing the respondent - Transport Corporation to reinstate him into service with continuity of service, backwages and all other attendant benefits as per the order dated 05.03.2021 passed in A.P.No. 107 of 2019, by the Special Joint Commissioner of Labour, Chennai, under Section 33(2)(b) of the Industrial Disputes Act, 1947.

2. When the matter is taken up for consideration today, it is brought to the notice of this Court by Mr.S.C.Herold Singh, learned Standing Counsel appearing for the respondent - Transport Corporation that the writ petition filed by the respondent - Transport Corporation challenging the order, dated 05.03.2021 passed in A.P.No.107 of 2019 vide W.P.No.14191 of 2021 before the Principal Bench was dismissed by the learned Single Judge by an order dated 01.08.2021 and in the writ appeal in W.A.No.3077 of 2021 filed thereagainst by the respondent - Transport Corporation, the order passed in the said writ petition was set aside and the writ appeal was allowed and

consequently, the order passed in A.P.No.107 of 2019 stood set aside. In the circumstances, the question of entertaining the present writ petition for implementation of the order passed in A.P.No.107 of 2019 does not arise.

3. However, it is brought to the notice of this Court that the petitioner herein has filed S.L.P.No.14023 of 2024 before the Honourable Supreme Court against the order passed in the said writ appeal and the same is pending for consideration and in fact, there is no interim order granted in the said special leave petition.

4. In the circumstances, the question of granting the relief sought in the present writ petition does not arise. Accordingly, this writ petition is dismissed leaving it open to the petitioner take further steps after the disposal of the said S.L.P.No.14023 of 2024 pending before the Honourable Apex Court. No costs. Consequently, connected miscellaneous petition is closed. 29.04.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

The Special Joint Commissioner of Labour, Chennai.

MUMMINENI SUDHEER KUMAR, J.

krk and W.M.P.(MD) No.7829 of 2021 29.04.2025