Vellai, S/O. Veeran, Kadavoor v. the Conservator of Forests
Case brief
What is this about?
This Court rejected a writ petition seeking reinstatement as a Plot Watcher. Holding that the matter has already been adjudicated with a favourable Industrial Dispute award, the Court directed the petitioner to approach the Labour Court for implementation of recall and back wages.
What did the court decide?
Petitioner given liberty to approach Labour Court for implementation of the 09.02.2004 award; impugned order rejected as challenge redundant.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.02.2017 CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.(MD)No.4010 of 2011 and M.P.(MD) No.1 of 2011
Vellai ... Petitioner
Vs.
1.The Conservator of Forests, Research,
Chennai – 48. 2.The Deputy Conservator of Forests, Agro Forestry Research Division, Madurai.
3.The Executive Officer, Forest Research Division, Kadavoor,
Chatrapatti Post, Madurai North Taluk, Madurai District. ... Respondents
PRAYER: This Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd Respondent in Na.Ka.No.3730/2004-Pa. Dated 03.05.2010 and quash the same and consequently direct the 2nd Respondent to reinstate the Petitioner for the post of Plot Watcher.
Issues for consideration
3 issues framed by the court
Whether a writ petition is maintainable for reinstatement when the Industrial Dispute has already been adjudicated with a favourable award.
Whether the impugned order rejecting the petitioner's representation based on temporary nature of service merits judicial interference.
What direction should this Court give regarding the implementation of the unrevised Industrial Dispute award.
Parties & counsel
- petitioner
Vellai
- respondent
The Conservator of Forests, Research, Chennai
- respondent
The Deputy Conservator of Forests, Agro Forestry Research Division, Madurai
- respondent
The Executive Officer, Forest Research Division, Kadavoor
Coram
Case details
As recorded by the court registry
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