The Management v. The Presiding Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2022

CORAM:

THE HONOURABLE Mrs. JUSTICE J.NISHA BANU and WMP (MD) No.14038 of 2021 The Management The Tamil Nadu State Transport Corporation, Madurai Division, Nagercoil Kanyakumari District : Review Petitioner Vs.

1.The Presiding Officer, Labour Court, Tirunelveli.

2.T.Sriraman : Respondents PRAYER: Review petition is filed under Order 47 Rule 1 of the Code of Civil Procedure read with 226 of the Constitution of India to review the the order passed in W.P(MD) No.8626 of 2011 dated 10.02.2020. For Review Petitioner : Mr.R.Rajamohan 1/4

ORDER

This Court, by order dated 10.02.2020 has passed the following order:

"8. The petitioner has attained the age of superannuation on 30.09.2004 pending Writ Petition and therefore, the respondents shall notionally reinstate the petitioner into service and notionally allow him to retire from service on the date of superannuation and pay the monetary .benefits from the date of the order passed by the Labour Court till the date of superannuation and pay the retirement and pensionary benefits by passing appropriate orders. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order."

2. Heard the learned counsel for the review petitioner.

3. The grounds raised in the review petition cannot gone into, since the scope of the review is very limited. This Court finds that except some typographical error in mentioning the nomenclature of the parties and the period for which the monetary benefits to be granted, the other grounds cannot be gone into. The review petitioner is directed to 2/4

implement the award of the labour Court in letter and spirit.

4. In view of the above, Paragraph No.8 of the order dated 10.02.2020 read as under:

"8. The 2nd respondent has attained the age of superannuation on 30.09.2004 pending Writ Petition and therefore, the petitioner shall notionally reinstate the 2nd respondent into service and notionally allow him to retire from service on the date of superannuation and pay the monetary benefits as per the finding rendered by the labour Court. Such exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order."

This review petition is closed with the above observation. No costs. Consequently connected Miscellaneous Petition is closed. 08.09.2022 Index : Yes/No Internet : Yes RR To The Presiding Officer, Labour Court, Tirunelveli.

3/4

J.NISHA BANU, J.

RR Order made in Rev.Aplc.(MD)No.77 of 2022 08.09.2022 4/4