S.Balasubramanian, v. Tamil Nadu State Transport

W.P. (MD) No.2525 of 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2021 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P. (MD) No.2525 of 2015 S.Balasubramanian ... Petitioner Vs.

1.Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukottai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Certiorari, calling for the records pertaining to the impugned order passed by the 2nd respondent in Ref.Tha.Aa.Po.Ka./TS/D3/1434 dated 05.02.2010 in imposing the punishment of increment cut for two years with cumulative effect as confirmed by the 1st respondent, communicated by Assistant Manager (Disciplinary Action), Pudukottai Region vide proceedings dated 08.10.2014 and to quash the same. For Petitioner : Mr.A.Rahul For Respondents : Mr.D.Sivaraman

ORDER

(thorugh video conference) It is represented by the Learned Counsel for the Petitioner that the Petitioner intends to raise an industrial dispute through a Trade Union under the provisions of the Industrial Disputes Act, 1947, in respect of the same matter and in view of the same, permission of this Court is sought to withdraw the Writ Petition with liberty to pursue the aforesaid statutory remedy. He has also filed a memo dated 09.07.2021 to that effect through e-mail, which has been placed on record. 2.In fine, the Writ Petition is dismissed as withdrawn granting such liberty. It is made clear that for the purpose of reckoning limitation for availing the aforesaid remedy, the period from the date of filing of the Writ Petition, viz., 23.02.2018 till the date on which the certified copy of this order is made ready by the Registry, shall be excluded. No costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P. (MD) No.2525 of 2015 Note:(i)Registry is directed to return the original copy of the impugned order to the Petitioner under written acknowledgment after retaining copies of the same for record.

(ii)In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO 1.Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Represented by its Managing Director, Kumbakonam.

2.The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Pudukottai Region, Pudukottai.

3.The Section Officer, E.R.Section, Madurai Bench of Madras High Court, Madurai.

+1CC to M/s.A.Rahul, Advocate (SR21995) +1CC to M/s.D.Sivaraman, Advocate (SR21980) W.P. (MD) No.2525 of 2015 09.07.2021 LS RS (10.08.2021) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2