P.Murugesan v. The Registrar General

Writ Petition (MD).No.14827 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI Writ Petition (MD).No.14827 of 2018 P.Murugesan ... Petitioner Vs.

1. The Registrar General, Hon'ble High Court of Judicature at Madras, High Court Campus, Chennai-600 104.

2. Muthusaratha Presiding Officer, Labour Court, Tiruchirapalli.

Presently posted and working as Principle District Judge, Srivilliputhur, Virudhunagar District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first respondent to consider and dispose of the petitioner's sworn affidavits dated 07.05.2017 and 20.11.2017 point by point in accordance with the settled law, within the time limit as fixed by this Court. For Petitioner : Mr.P.Murugesan (Party in person) For Respondents : Mr.K.Samidurai (for R1)

O R D E R

(Order of the Court was made by T.S.SIVAGNANAM,J.) Heard Mr.P.Murugesan, who appeared party in person and Mr.K.Samidurai, learned counsel appearing for the first respondent. 2 In this writ petition, the petitioner seeks for a direction to the Registrar General to take action against the Judicial Officer, who was then working as the Presiding Officer, Labour Court, Tiruchirapalli. It is the case of the petitioner that a complaint was given to the Hon'ble Chief justice and the matter was referred to the Vigilance Cell of the High Court, but he is not aware what happened thereafter. Furthermore, the petitioner vehemently contended that the Labour Court disobeyed the order passed by the High Court in CRP(MD).No.1840 of 2013. https://hcservices.ecourts.gov.in/hcservices/ 1/4

Writ Petition (MD).No.14827 of 2018 3.The learned Standing counsel appearing for the first respondent submitted that the interlocutory application was decided by the Labour Court to decide as to whether the Labour Court, Tiruchirapalli, would have territorial jurisdiction over order of dismissal, which was passed against the petitioner, who was employed in Andra Predesh. It appears that the Labour Court dismissed the said interlocutory application and civil revision petition was filed and this Court held that the Labour Court has jurisdiction. Subsequently, another interlocutory application was filed by the petitioner in I.A.No.653 of 2015 and the grievance of the petitioner is that once again, the Labour Court has passed an order rejecting the industrial dispute. Admittedly, the petitioner has challenged the same and the writ petition is pending from the year 2018. Furthermore, copy of the order passed in civil revision petition has not been filed in the typed set of paper.

4.Be that as it may, we find that the Hon'ble Chief Justice has taken up the complaint given by the petitioner and by order dated 15.05.2017, has ordered that no action can be taken on the complaint made against the Judicial Officer. Therefore, repeatedly the petitioner cannot be sending representations. The correct thing for the petitioner to do is to move the writ petition, which was filed as against the dismissal of his industrial dispute and canvass the points.

5.For all these reasons stated above, we are not inclined to grant the prayer sought for in this writ petition. Accordingly, this writ petition fails and the same is dismissed. We leave it open to the petitioner to canvass all points in W.P(MD).No.25060 of 2018. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Registrar General, Hon'ble High Court of Judicature at Madras, High Court Campus, Chennai-600 104.

2.The Section Officer, 'B' Section, High Court, Madras. +2 CC to M/s.P. MURUGESAN (Party in Person) SR-85296. Writ Petition (MD).No.14827 of 2018 CS(18.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4