Madras High CourtWP(MD)/1984/2016disposed of

S.Thangapandi v. The Joint Registrar Of

2016-02-01Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:01.02.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.1984 of 2016 S.Thangapandi ... Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Chokkikulam, Madurai-2.

2.The Management, D.R(L)S 10 Thirupparankundram Primary Agricultural and Rural Development Bank Ltd., Thro its President, Tirunagar Post, Madurai.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st and 2nd respondents to implement the order passed in T.N.S.E Appeal No.11/2000 and consider the representation, dated 10.11.2015 and direct the respondents to reinstate into services. For Petitioner : Mr.S.Karthik For Respondents : Mr.T.R.Janarthanam, Additional Government Pleader

ORDER

Mr.T.R.Janarthanam, learned Additional Government Pleader takes notice for the respondents.

2. By consent of parties, the main Writ Petition is taken up for final disposal.

3. The petitioner seeks for a Mandamus directing the 1st and 2nd respondents to implement the order passed in T.N.S.E Appeal No.11/2000 and consider his representation, dated 10.11.2015 and direct the respondents to reinstate him into services.

4. The petitioner was appointed as Office Assistant with the second respondent bank on 16.12.1996. When the petitioner was working as Supervisor, he was terminated on 22.01.2000 without any notice. The said termination order was challenged under Section 41(2) of the Tamil Nadu Staffs and Establishment Act in T.N.S.E. Appeal No.1 of 2000. The said appeal was allowed on 15.05.2000, setting aside the termination order and directing respondent management to reinstate the petitioner with backwages with continuity of service within 30 days from the date of receipt of https://hcservices.ecourts.gov.in/hcservices/

the order. There was no challenge to that order by the second respondent. Subsequently, a claim petition was also filed by the petitioner and the same was allowed by the Labour Court. However, it is the case of the petitioner that he had not been reinstated pursuant to the order, dated 15.05.2000. Hence, he has come forward with the present Writ Petition for the above stated relief.

5. The learned Additional Government Pleader, is not able to say, whether any appeal is filed against the order passed in T.N.S.E. Appeal No.1 of 2000, dated 15.05.2000.

4. In the above circumstances, the following order is passed: The second respondent is directed to reinstate the petitioner, within a period of six weeks from the date of receipt of a copy of this order, pursuant to the order, dated 15.05.2000 passed in T.N.S.E. Appeal No.1 of 2000. So far as the backwages are concerned, it is open to the petitioner to work out his remedy before the labour Court. In case any appeal is preferred and pending, this order is subject to the result of the said appeal. With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

Pm To 1.The Joint Registrar of Co-operative Societies, Chokkikulam, Madurai-2.

2.The Management, D.R(L)S 10 Thirupparankundram Primary Agricultural and Rural Development Bank Ltd., Thro its President,Tirunagar Post, Madurai.

+1 cc to Mr.S.Karthik, Advocate, SR No.5948 +1 cc to Special Government Advocate, SR No.6410 W.P(MD)No.1984 of 2016 01.02.2016 RG.SK-SKN 10.02.2016 2P.5C https://hcservices.ecourts.gov.in/hcservices/