Madras High CourtWP(MD)/8783/2016dismissed

S.Muthukumaran, v. The District Manager,

2017-01-09Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2017

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD) No.8783 of 2016 S.Muthukumaran ... Petitioner -vsThe District Manager, Tamil Nadu State Marketing Corporation (TASMAC) Soolakarai, Virudhunagar District.

... Respondent Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned order of the respondent dated 05.04.2016 in Na.Ka.No.A1/000155/2016 and quash the same and consequently direct the respondents to provide the employment to the petitioner as a Bar Attender in the respondent office. For Petitioner :

Mr.S.Karthik For Respondent :

Mr.M.Muniyasamy *****

O R D E R

This petition has been filed, seeking to quash the impugned order dated 05.04.2016 passed by the respondent in Na.Ka.No.A1/00155/2016, in and by which, the petitioner's request for reinstatement was declined. The petitioner also sought a direction to the respondents to provide the employment to the petitioner as a Bar Attender in the respondent office.

2. The petitioner was appointed as Bar Attender in TASMAC Shop No.11885 on 20.05.2004 on deposit of Rs.10,000/- as Security Deposit; that the petitioner worked only for four days in the month of May, 2004 and thereafter, he did not turn up for duty and there was no communication from him till 02.04.2016; that after a lapse of 12 years, the petitioner had written a letter to the respondent, requesting them to reinstate him into service as Bar Attender. His request was rejected by the respondent with direction to get back his caution deposit after production of necessary documents.

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3. The petitioner is not entitled to any relief (much less the one under the Industrial Disputes Act) on account of delay in approaching this Court after a lapse of 12 years and much water has flown thereafter.

4. Hence, this Writ Petition is dismissed as devoid of merits. In case the petitioner submits any representation for return of caution deposit, the same may be handed over to the petitioner either by way of Demand Draft or through RTGS. No costs. Consequently, connected miscellaneous petition is closed. sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

The District Manager, Tamil Nadu State Marketing Corporation (TASMAC) Soolakarai, Virudhunagar District.

ar AE/BS/21.02.2017/2P/2C W.P.(MD) No.8783 of 2016 09.01.2017 https://hcservices.ecourts.gov.in/hcservices/