Somasundaram, v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2016

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P(MD)No.12538 of 2016 Somasundaram ..Petitioner Vs.

1.The Managing Director, TNSTC, Kumbakonam Division, Kumbakonam, Thanjavur District.

2.The General Manager, TNSTC, Nagapattinam Division, Nagapattinam, Nagapattinam District.

..Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, to direct the first respondent to promote the petitioner from August 2011 with retrospective effect instead of August 2015 as per the wage contract dated 01.09.2013 for the Technician along with all consequential monetary benefits based on the petitioner's representation, dated 31.03.2016.

For Petitioner :

Mr.G.Prabhu Rajadurai For Respondents :

Mr.D.Sivaraman Standing Counsel for TNSTC

O R D E R

The petitioner was appointed as a Junior Tradesman in Tamilnadu State Transport corporation in the year 1997 and he was regularised, by order, dated 01.01.1998, of the second respondent. Thereafter, he was promoted to the post of Assistant Tradesman and his next avenue of promotion is Tradesman. In this background, the grievance of the petitioner is, Koradacherry Police registered a false case against him and some other persons in Crime No.42 of 2011 under Sections 341 and 188 IPC, on 11.02.2011. After investigation, Koradacherry Police filed a final report before the learned Judicial Magistrate, Thiruvarur, and the same was numbered as STC.No.1231 of 2011. However, the petitioner was acquitted from the said criminal case on 20.05.2015. Subsequently, he was given promotion to the post of Tradesman by the first respondent in the month of August 2015, however, he was refused promotion from https://hcservices.ecourts.gov.in/hcservices/

2011, as per the wage contract, dated 01.09.2013, to the post of Technician, therefore, the petitioner has come to this Court, for a Writ of Mandamus, directing the first respondent to promote him from August, 2011 as per the Wage Contract, dated 01.09.2013. 2.Mr.D.Sivaraman, learned Standing Counsel takes notice for the respondents.

3.Heard both sides.

4.A Division Bench of this Court in P.Pitchamani vs. Management of Sri Chakra Tyres Ltd., reported in 2004(2) LLN 1086, while holding that only such violations under the Industrial Disputes Act, 1947, which involve public duties are amenable to writ jurisdiction under Article 226 of the Constitution of India, has made it clear that dismissals, transfers and matters concerning service conditions of employees governed by the Industrial Dispute Act, have to be adjudicated only by the forum created under the said Statute and not otherwise. 5.In the light of the said case-law, coming to the case on hand, where there exists a disputed question of fact about the promotion of the petitioner, this Court is of the considered view, such issue can be, at best tried only by the forum under the Industrial Disputes Act, 1947.

Hence, this Writ Petition is dismissed leaving it open to the petitioner to seek relief under the Industrial Disputes Act, if so advised. No Costs. Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.The Managing Director, TNSTC, Kumbakonam Division, Kumbakonam, Thanjavur District.

2.The General Manager, TNSTC, Nagapattinam Division, Nagapattinam, Nagapattinam District.

+1cc to M/S.D.Sivaraman, Advocate SR.No.37393 +1cc to M/S.G.Prabhu Rajadurai,Advocate SR.No.37532 W.P(MD)No.12538 of 2016 PJL SD/SS3/23.08.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/