Madras High CourtWP(MD)/17736/2014dismissed

P. Sampantham v. The Management Of

2018-01-31Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2018

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.17736 of 2014 and M.P.(MD) No.1 of 2014 P.Sampantham ... Petitioner -vsThe Management of Tamilnadu State Transport Corporation (Kumbakonam) Ltd, Trichy-Region, Rep. by its Managing Director, Trichy.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to reinstate the petitioner with continuity of service, back wages and all other attendant benefits by complying with the order dated 29.04.2013 of the Special Deputy Commissioner of Labour, Chennai passded Under Section 33(2) (b) of I.D. Act in Approval Application A.P.No.295 of 2011.

For Petitioner : Mr.S.Arunachalam For Respondent : Mr.D.Sivaraman Standing Counsel

O R D E R

The petitioner was working as a conductor in the respondent Corporation. He was issued with a charge memo. He was finally dismissed from service vide order dated 12.08.2011. The management filed an application under Section 33(2)(b) of I.D.Act seeking approval from the competent authority, but the approval was declined. Questioning the order dated 29.04.2013 passed by the Special Deputy Commissioner of Labour, Chennai declining the approval, management has filed W.P.No.34274 of 2014. The said writ petition is still pending.

https://hcservices.ecourts.gov.in/hcservices/ 2.The learned Standing Counsel appearing for the respondent submits that they are complying with statutory mandate under

Section 17(b) of I.D. Act as per the interim order given in the said writ petition. In view of the same, no order can be passed in this writ petition. The petitioner will have to necessarily await the out come of the said writ petition filed by the management.

3.With the above observation, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar + 1 cc TO Mr.D.Sivaraman , Advocate in SR No. 45589 + 1 cc TO Mr.S.Arunachalam , Advocate in SR No. 45684 cp AE/KKR/SAR4/22.02.2018/3P/3C W.P.(MD) No.17736 of 2014 31.01.2018 https://hcservices.ecourts.gov.in/hcservices/