Madras High CourtCONT P(MD)/1361/2018closed

G.Gurusaravanan v. Jebaraj Navamani

2021-02-01Honourable Mr Justice M.Dhandapani2 pages

Cont.P.(MD)No.1361 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Cont.P.(MD)No.1361 of 2018 G.Gurusaravanan ... Petitioner/Petitioner versus Jebaraj Navamani, General Manager, Tamilnadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai.

... Respondent Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the Contemnor/Respondent for willfully disobeying and non-complying with the order of this Court dated 07.11.2016 in W.P.(MD)No.20923 of 2016.

Prayer in WP(MD). 20923/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to reinstate the Petitioner with continuity of service, back wages and all other attendant benefits as per the order dated 06.05.2016 of the Special Deputy Commissioner of Labour, Chennai passed U/S 33(2) (b) of I.D. Act in Approval Application A.P.No. 110/14.

For Petitioner : Mr.G.M.Xavier For Respondent : Mr.J.Senthil Kumaraiah Standing Counsel

ORDER

The case of the petitioner is that he was appointed as Driver in the respondent Transport Corporation in the year 2008 and he rendered his unblemished service to the respondent Corporation. While so, the respondent Corporation initiated disciplinary proceedings against the petitioner and after the completion of enquiry, the petitioner was dismissed from service by order dated 28.04.2014. For approval of the same, the respondent Transport Corporation filed an Approval Petition No.110 of 2014 before the Special Deputy Commissioner of Labour. However, the said Approval Petition was rejected by the Special Deputy Commissioner of Labour. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD)No.1361 of 2018 Thereafter, the respondent has not taken any steps to reinstate the petitioner in service and to pay back wages and other attendant benefits. Hence, the petitioner filed a writ petition in W.P.(MD) No.20923 of 2016 before this Court and this Court, vide order dated 07.11.2016, issued a direction to the respondent to pay back wages and other benefits. Since the order has not been complied with, the Contempt Petition is closed.

2. Today, when the matter is taken up for hearing, the learned Standing Counsel appearing for the respondent would submit that as against the order of rejection passed by the Special Deputy Commissioner of Labour, the respondent Transport Corporation filed a writ petition before this Court in W.P.(MD)No.23062 of 2016 and the same is pending for adjudication.

3. In view of the above, the Contempt Petition is closed. However, the petitioner is at liberty to reopen the Contempt Petition after the disposal of the writ petition filed by the respondent Corporation.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) ogy Note: 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 Jebaraj Navamani, General Manager, Tamilnadu State Transport Corporation (Madurai) Ltd., Madurai Region, Madurai.

Cont.P.(MD)No.1361 of 2018 01.02.2021 KG (CO) NR (09/02/2021) 2P : 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2