This bench set aside the single Judge's order dismissing a writ petition against punishment. The court granted liberty to the appellant to raise an industrial dispute before the Labour Court with pendency exclusion. Disposition is other.
Set aside impugned order; liberty granted to raise dispute before Labour Court; pendency excluded from date 29.04.2010.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2019
CORAM :
THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU
Writ Appeal No.1942 of 2011
A.Chandaran Appellant Vs 1. The Managing Director Tamil Nadu State Transport Corporation Villupuram Division II Limited Vellore – 9.
PRAYER: Writ Appeal filed under clause 15 of Letters Patent, against the Order dated 20.12.2010 in W.P.No.9691 of 2010. Writ petition filed under Article 226 of the Constitution of India to issue a writ of certiorified mandamus Calling for the records relating to the impugned order passed by the second respondent herein vide Memo No.161334/Sa 6/Tha.Aa.Po.Ka/2007 dated 17.09.2008 and subsequently modified by the Appellate Authority the first respondent herein in his proceedings Memo.No.161334/Sa 6 / Tha.Aa.Po.Ka(vi) VEMA/2007 dated 30.03.2010 and to quash the same as illegal and arbitrary and consequently direction the respondents to restore status quo as on the day before issue of impugned order dated 17.09.2008 in respect of the petitioner and may deem fit and proper in the circumstances of the case and thus render justice thus render justice.
For Appellant : Mr.R.Y.George Williams For Respondents : Ms.S.Rajini Ramadoss
(Order of the Court was made by K.K.SASIDHARAN,J.)
The Writ Petition filed by the appellant challenging the order imposing punishment dated 17.09.2008, and the
Appellate order dated 30.03.2010 were challenged before the Writ Court in W.P.No.9691 of 2010. The Writ Petition was initiated within 29 days after passing the order by the Appellate Authority.
Writ Appeal No.1942 of 2011 PPA(CO) GMY(10/05/2019)
1 issue framed by the court
Whether the order dismissing the writ petition challenging punishment imposed on the appellant should be set aside to allow raising an industrial dispute.
A.Chandaran
The Managing Director Tamil Nadu State Transport Corporation Villupuram Division II Limited
The General Manager Tamil Nadu State Transport Corporation Villupuram Division II Ltd
K.K.SASIDHARAN
P.D.AUDIKESAVALU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
