This Court dismissed the writ appeal filed by a transport corporation challenging the appointment direction of a Labour Court due to a three and a half year delay in compliance, leaving the underlying legal question open for future determination.
The writ appeal and connected miscellaneous petition are dismissed with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2015
THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and
THE HON'BLE MR. JUSTICE M. VENUGOPAL
Tamil Nadu State Transport Corporation, Dharmapuri. ... Appellant
Vs
1. P. Thangaraj
2. The Presiding Officer,
Labour Court,
Salem. ... Respondents
Prayer:-Appeal filed under Clause 15 of Letters Patent against the order dated 30.01.2012 made in W.P.No.23236 of 2007.
W.P.No.23236 of 2007 : Writ Petition is preferred under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus to call for the records relating to the proceedings of the Labour Court, Salem in I.D.No.494 of 2001 dated 12.02.2004, quash the same and to direct the first Respondent to provide suitable alternative employment to the petitioner in the Corporation.
(Judgment of the Court was made by SATISH K. AGNIHOTRI,J.,)
Questioning the legality and validity of the order dated 30.01.2012, the appellant has come up with this writ appeal and the same was taken up for hearing for the first time on 10.07.2015. This Court, noticing the delay of 3 ½ years, granted one week time to the
appellant to seek instructions and file appropriate affidavit indicating as to whether any disciplinary proceedings have been initiated against the officer, who is responsible for causing such a long delay. The matter is taken up again today.
Sd/Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ra To
The Presiding Officer, Labour Court, Salem.
+1cc to M/s.S.Kalyanaraman, Advocate, S.R.No.36627 +1cc to M/s.Paramasivadoss, Advocate, S.R.No.37153
W.A. No.836 of 2015
RSK(CO) CA(05/08/2015)
2 issues framed by the court
Whether to interfere with the order of the learned single Judge in the writ petition after a delay of over three years.
Whether to entertain the writ appeal at this stage given the lapse of time for compliance with the lower court order.
2 provisions across 2 enactments
Tamil Nadu State Transport Corporation, Dharmapuri
P. Thangaraj
The Presiding Officer, Labour Court, Salem
Satish K. Agnihotri
M. Venugopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
