Madras High CourtWP(MD)/24920/2024disposed of

V. Suresh v. The Managing Director

2024-10-22Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.24920 of 2024 V.Suresh ... Petitioner vs 1.The Management of 27, New Railway Station Road, Kumdakonam - 612 001.

2.The General Manager, Pudukottai Region, Thirumayam Road, Pudukotai, 3.The Special Joint Commissioner, Chennai - 600 006.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to pay petitioner last drawn monthly wages as per Sec 17(b) Industrial dispute Act 1947 on the base of the petitioner's representation dated 09.08.2024. 1/5

For Petitioner : Mr.K.Gokul For Respondents : Mr.K.Ramiah Standing Counsel *****

O R D E R

The instant Writ Petition has been filed by a Conductor of the respondents Transport Corporation, seeking mandamus for directing the respondents to reinstate the petitioner in service with the continuity of service along with backwages from the date of suspension i.e,27.02.2022.

2. Though the above said prayer has been prayed for in the affidavit, a wrong prayer has been enclosed by way of Writ Petition. Therefore, this Court proceeds to decide this Writ Petition on the basis of the prayer sought for in the affidavit.

3. It is an admitted fact that the petitioner was suspended from 27.02.2022 and later, he was dismissed. However, the dismissal order was not approved by the third respondent herein and it was rejected on 29.04.2024. So far, the respondents 1 and 2 have not challenged the order of the non-approval 2/5

order issued by the third respondent herein on 29.04.2024. The petitioner has given a representation on 09.08.2024 to the respondents 1 and 2 herein to reinstate him into service and to pay his salary. However, no orders have been passed in the said representation.

4. In view of the above said facts, the respondents 1 and 2 are directed to consider the representation of the petitioner dated 09.08.2024 and pass orders on merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. This Writ Petition stands disposed of, with above directions. No costs.

22.10.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To 1.The Management of 27, New Railway Station Road, Kumdakonam - 612 001.

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2.The General Manager, Pudukottai Region, Thirumayam Road, Pudukotai, 3.The Special Joint Commissioner, Chennai - 600 006.

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R.VIJAYAKUMAR,J.

apd W.P(MD)No.24920 of 2024 22.10.2024 5/5