S.Raju v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2023

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR S.Raju ... Petitioner Vs.

1.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai, 2.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli.

3.The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to confirm the service of the petitioner as conductor on completion of 480 days with effect from the next day of 23.09.2001 from the date of joining on 01.04.2000 in terms of the orders of the Controlling Authority under the provisions of the Tamil Nadu Industrial 1/5

Esatblishment (Conferment of Permanent Status to Workman) Act 1981/Assistant Commissioner of Labour (Enforcement) Kanchipuram, dated 16.05.2023 with all monetary consequential and Pensionary benefits.

For Petitioner : Mr.S.Govindan For R2 : Mr.D.Jebaraj Standing Counsel For R3 : Mr.S.C.Herold Singh Standing Counsel

ORDER

The present writ petition has been filed seeking a Mandamus as against the respondents 1 and 2 for implementing the orders passed by the controlling authority under the provisions of Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workman) Act 1981 by Assistant Commissioner of Labour, Kanchipuram, dated 16.05.2023.

2. According to the learned counsel appearing for the petitioner, Assistant Commissioner of Labour, Kanchipuram by his order, dated 16.05.2023 has directed the respondents to confer permanent status upon the petitioner with effect from 24.09.2001 with all attendant benefits. However, the said order is yet to be complied with by the respondents 1 and 2 herein.

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3. In view of the above said facts, the respondents 1 and 2 are directed to implement the order of Assistant Commissioner of Labour (Enforcement), Kanchipuram, dated 16.05.2023, if there are no other legal impediments within a period of eight (8) weeks from the date of receipt of copy of this order.

4. With the above said observations, this Writ Petition stands disposed of. No costs.

13.12.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No gbg To 1.The Managing Director, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Salai, 2.The Managing Director, Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli.

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3.The Administrator, Tamil Nadu State Transport Corporation Employee's Pension Fund Trust, Thiruvalluvar Illam, Pallavan Salai, 4/5

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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