Madras High CourtWP(MD)/9866/2015dismissed

Murugesan, v. Tamil Nadu Transport

2018-03-12Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.9866 of 2015 Murugesan ... Petitioner Vs.

1. Tamil Nadu Transport Corporation, Rep.by the Management, Madurai - Division, Bye pass road, Madurai.

2. The Labour Court, Madurai.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned award in I.D.No.20 of 2003 dated 01.02.2011 on the file of the second respondent and quash the same as illegal and consequently direct the first respondent to reinstate the petitioner herein to service with the backwages, continuity of service with all other benefits. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.A.P.Muthupandian for R1 R2 - Labour Court

ORDER

The petitioner was employed as a Conductor in the first respondent corporation. He was dismissed from service by order dated 27.08.1999. Questioning the same, I.D.No.20 of 2003 was filed before the Labour Court, Madurai. The same was dismissed on 01.02.2011. It is assailed in this writ petition. 2.As the learned counsel for the first respondent corporation rightly pointed out, the writ petitioner was earlier dismissed from service as early as in the year 1989. Questioning the same, he filed I.D.No.616 of 1990. The petitioner's termination was set aside. Challenging the same, the management had filed WP(MD) No.17235 of 1994. The writ petition filed by the management was allowed on 20.07.2001.

https://hcservices.ecourts.gov.in/hcservices/ 3.It is submitted by the learned standing counsel for the management that the same was not taken on writ appeal. Thus, the

earlier order of dismissal passed against the writ petitioner had become final. Therefore, the present challenge will not even lie. 4.Accepting the submission of the learned standing counsel for the management, this writ petition is dismissed as not maintainable. No costs.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar To The Presiding Officer, Labour Court, Madurai.

+ 1 CC TO Mr.T.LAJAPATHI ROY, ADVOCATE IN SR No. 54956 SKM TE/SKN-RSK/SAR-4 : 04/04/2018 : 2P/3C W.P(MD)No.9866 of 2015 12.03.2018 https://hcservices.ecourts.gov.in/hcservices/