Madras High CourtWP(MD)/20830/2015disposed of

P. Kuppusamy v. The Management Of

2019-07-11Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.20830 of 2015 P.Kuppusamy ... Petitioner -VsThe Management of Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Represented by its General Manager, Bye Pass Road, Dindigul-624 004.

...Respondent

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to reinstate the petitioner in service in the post of Driver at the respondent corporation with continuity of service and back wages payable to the petitioner with effect from 22.12.2012 with all other attendant benefits in the light of the order passed by the Special Deputy Commissioner of Labour, Chennai dated 30.03.2015 passed in A.P.No.307 of 2012, in rejecting the petition for approval of the order of dismissal from service filed by the respondent under Section 33(2)(b) of Industrial Disputes Act, 1947.

For Petitioner : Mr.A.Rahul For Respondent : Mr.J.Senthil Kumariah

ORDER

The relief sought for in the present Writ Petition is for a direction to direct the respondent to reinstate the writ petitioner in service in the post of Driver at the respondent Corporation with continuity of service.

2.Earlier, one Writ Petition filed by the writ petitioner in W.P.(MD)No.11264 of 2016 was ordered in favour of the writ petitioner. Against the said order, the Corporation preferred a Writ Appeal in W.A.(MD)No.228 of 2019. The Hon'ble Division Bench of this Court granted an order of interim stay in W.P.(MD)No.11264 of 2016, dated 12.02.2018. Thus, the issue in relation to the reinstatement of the writ petitioner, is to be adjudicated by the Hon'ble Division Bench of this Court. In respect of the submission made by the learned counsel appearing on behalf of the writ petitioner that the writ petitioner is now fit to perform the https://hcservices.ecourts.gov.in/hcservices/

duty as a Driver, it is left open to the writ petitioner to approach the Hon'ble Division Bench of this Court for appropriate relief.

3.With these observations, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) Myr To The Management of Tamil Nadu State Transport Corporation (Madurai) Limited, Dindigul Region, Represented by its General Manager, Bye Pass Road, Dindigul-624 004.

+1cc to Mr.J.Senthil Kumaraiah, Advocate in SR.75134 W.P(MD)No.20830 of 2015 11.07.2019 PBK (19.07.2019) 2P : 3C https://hcservices.ecourts.gov.in/hcservices/