Madras High CourtWP(MD)/18446/2013dismissed

V.Chinnaraj v. The Secretary To Govt.,

2016-09-23Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2013

CORAM

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU W.P.(MD)No.18446 of 2013 V.Chinnaraj ... Petitioner Vs.

1.The Secretary to Government, Transport Department, Secretariat, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation, Madurai Division, Bye Pass Road, Madurai.

3.The General Manager, Tamil Nadu State Transport Corporation, Dindigul Division, Dindigul.

4.The Branch Manager, Tamil Nadu State Transport Corporation, Theni Depot, Theni District.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the fourth respondent to implement the order of the Labour Court in I.D.No.85 of 1988 dated 26.10.1993 and pay the petitioner all service and monetary benefits within a time frame that may be stipulated by this Court. For Petitioner : Mr.B.S.Meltiue For Respondents : Mr.T.S.Mohammed Mohidheen, AGP for R1 Mr.A.Jeyaram for R2 to R4

ORDER

Seeking a direction to the fourth respondent to obey the award of the Labour Court, Madurai in I.D.No.85 of 1988 dated 26.10.1993, the petitioner, in whose name the award has been passed, has come up with this writ petition.

2.This writ petition has come up today for admission. I have heard the learned counsel for the petitioner and perused the records carefully. https://hcservices.ecourts.gov.in/hcservices/ 3.At the outset, I have to state that this writ petition is highly misconceived. Of course, the remedy for the petitioner lies elsewhere. If the award is not obeyed, the petitioner can work out his remedy in the manner known to law. The writ jurisdiction of this Court cannot be

converted as an Execution Jurisdiction like a Civil Court. In such view of the matter, the writ petition deserves only to be dismissed and accordingly it is dismissed, however with liberty to the petitioner to work out his remedy in the manner known to law. No costs. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Government of Tamil Nadu, Transport Department, Secretariat, Chennai-600 009.

2.The Managing Director, Tamil Nadu State Transport Corporation, Madurai Division, Bye Pass Road, Madurai.

3.The General Manager, Tamil Nadu State Transport Corporation, Dindigul Division, Dindigul.

4.The Branch Manager, Tamil Nadu State Transport Corporation, Theni Depot, Theni District.

+1cc to Mr. A.JEYARAM Advocate in SR.No. 56527 +1cc to Mr.B.S.MELTIUE Advocate in SR.No. 56421. +1cc to Special Government Pleader in SR.No. 56702. TS/26.11.2013/2P-8C W.P.(MD)No.18446 of 2013 19.11.2013 https://hcservices.ecourts.gov.in/hcservices/