G.Ranjith Singh, v. The Chief Engineer / Personnel

W.P.(MD) No.317 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.317 of 2019 G.Ranjith Singh ... Petitioner -vs1.The Chief Engineer / Personnel, Tamilnadu Generation Electricity Distribution Corporation, 144, Annasalai, Chennai-2.

2.The Superintending Engineer, Trichy Metro Electricity Distribution Circle, Tamilnadu Generation Electricity Distribution Corporation, Mannarpuram, Trichy-20.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus to call for the records relating to the 2nd respondent order in reference No. Ku.Aa.No.59/Ni.Pi.4/Ou.2/Ko.Ni.Ma.Va/2018-1 dated 25.06.2018 to quash the same directing the respondents to consider the petitioner's promotion with effect from the date his Junior Sri.R.Selvaraj (DOB Seniority No.44) was promoted to the post of stores supervisor and stores officer fixing the petitioners pay notionally and the petitioner's seniority above him and to release the withheld increments.

For Petitioner :

Mr.R.Thangasamy For Respondents :

Mr.S.Arivalagan, Standing Counsel

O R D E R

The order impugned dated 25.06.2018 reveals that as per the award passed by the Labour Court, the amount recovered from the petitioner was reimbursed. The salary enhancement and its arrears were also paid to the writ petitioner.

2.At the out set, it is contended by the learned Standing Counsel appearing for the respondents that the relief granted by the Labour Court in ID Award has been implemented and the petitioner has also received the benefits. However, the learned counsel for the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.317 of 2019 petitioner made a submission that during the pendency of the disciplinary proceedings, the junior to the petitioner was promoted to the higher post.

3.No doubt, this Court is of the considered opinion that if the grievance of the petitioner is to be redressed, he should approach the Labour Court for appropriate relief. Admittedly, no such relief was sought for in the earlier Industrial Dispute, nor it was granted by the Labour Court. While so, the petitioner is at liberty to approach the Labour Court for redressal of his grievances regarding promotion on par with his junior and other benefits. 4.With the above liberty, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Chief Engineer / Personnel, Tamilnadu Generation Electricity Distribution Corporation, 144, Annasalai, Chennai-2.

2.The Superintending Engineer, Trichy Metro Electricity Distribution Circle, Tamilnadu Generation Electricity Distribution Corporation, Mannarpuram, Trichy-20.

+1 CC to M/s.R.THANGASAMY, Advocate ( SR-11950[F] dated 14/03/2022 ) W.P.(MD) No.317 of 2019 11.03.2022 abr MS/25.03.2022/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2