Madras High CourtWP(MD)/10860/2011dismissed

M. Ramalingam v. The Joint Registrar,

2019-06-21Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD) No.10860 of 2011 M.Ramalingam ... Petitioner vs.

1. The Joint Registrar The Revision Authority under Section 153 of the Tamil Nadu Co-operative Societies Act Madurai Region, Madurai

2. The Special Officer No.975, Madurai District Central Co-operative Bank Ltd., 187, Vadakuveli Street Madurai-625 001 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of certiorarified mandamus calling for the records pertaining to the impugned order passed by the 1st respondent dated 19.05.2011 bearing Na.Ka.No.9145/09/Sa.Pa. and quash the same and direct the 1st respondent to hear the Revision Petition on merits in accordance with law.

For Petitioner :

Mr.R.Saravanan For Respondents :

Mr.S.Dhayalan Government Advocate for R1 Mr.D.Shanmugaraja Sethupathi for R2

O R D E R

The impugned order, dated 19.05.2011, passed by the first respondent, is in relation to the punishment of termination imposed on the writ petitioner. However, the learned counsel appearing for the second respondent states that the writ petitioner was reinstated into service in the year 1991 and retired from service on 31.07.2009. Further, the learned counsel for the second respondent states that the terminal benefits were also settled.

2. The learned counsel appearing for the writ petitioner states that as per the award of the Labour Court, the increments and the other benefits due to the writ petitioner are yet to be settled.

https://hcservices.ecourts.gov.in/hcservices/

3. As far as the implementation of the award of the Labour Court is concerned, this Court cannot issue any direction and as far as the order of termination is concerned, the issues were already settled and the writ petitioner was reinstated into service and he was allowed to retire from service subsequently. This being the factum, the writ petitioner is at liberty to approach the competent Court of law for the purpose of execution of the award of the Labour Court.

4. With these observations, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) krk To:

The Joint Registrar, The Revision Authority under Section 153 of the Tamil Nadu Co-operative Societies Act, Madurai Region, Madurai.

+1cc to M/S.S.DHAYALAN, SPECIAL GOVERNMENT PLEADER, Sr.No.71000 +1CC TO M/S.D.SHANMUGARAJA SETHUPATHI,ADVOCATE, SR.NO.70804 +1CC TO M/S.R.SARAVANAN,ADVOCATE, SR.NO.70742 W.P.(MD) No.10860 of 2011 21.06.2019 BUC(03/07/2019)2P/5C https://hcservices.ecourts.gov.in/hcservices/