Writ petition seeking implementation of a Labour Court order reinstating petitioners dismissed from a society was dismissed as not maintainable due to a seven-year delay and failure to make prior representations to authorities.
None. Writ petition dismissed as not maintainable. No costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2020
CORAM
THE HON'BLE Mr. JUSTICE D.KRISHNAKUMAR
W.P.No.36229 of 2016
1.G.Ramamoorthy
2.S.Ravi
... Petitioners Vs 1.The Deputy Registrar (Dairying) Collectorate, Thiruvannamalai, Thiruvannamalai District. 2.The President, Thiruvannamalai Milk Producers, Cooperative Society, No.79, Iyankula Street, Thiruvannamalai. ... Respondents
PRAYER: Writ Petition filed under Article 226 of The Constitution of India praying to issue a writ or order or direction, particularly in the nature of writ of Mandamus directing the respondents to permit the petitioners to join duty in the 2nd respondent society by giving continuity of service together with promotions.
For Petitioners : Mrs.Hemalatha for Mr.C.Prakasam For Respondents : Ms.T.Girija
Additional Government Pleader for R1 & R2
O R D E R
The writ petitioner was appointed as a Supervisor in the second respondent Society. During that period charges framed against the petitioner was shortage in the milk stock and consequently the Writ Petitioner was dismissed from his service. Challenging the said dismissal order, the petitioners filed applications before the Labour Court, Vellore in I.D.Nos.577/1993 and 578 of 1993 respectively. The Labour Court
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allowed the aforesaid I.D.Nos.577/1993 and 578 of 1993 and passed an order on 09.10.1997 to reinstate the petitioners into service with continuity of service with full backwages and other benefits. The aforesaid award passed by the Industrial Tribunal was challenged before this Court in W.P.No.8101/1998 and the same was dismissed and modification to the order of the Labour Court was made insofar as backwages was concerned and the Writ Appeal preferred by the Management in W.A.No.123 of 2004 against the order in W.P.No.8101/1998, was dismissed by this Court, confirming the aforesaid order passed in the Writ Petition. However, the respondents have not implemented the order of the Labour Court and Therefore, filed a Writ Petition before this Court to implement the said order for reinstating the petitioners into service and to consider the continuity of service along with promotion to the writ petitioners.
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hence, the same is dismissed as not maintainable. No costs.
Sd/-
Asst.Registrar (CCC)
/true copy/
Sub Asst. Registrar
sk
To
1.The Deputy Registrar (Dairying)
Collectorate, Thiruvannamalai,
Thiruvannamalai District.
2.The President,
Thiruvannamalai Milk Producers,
Cooperative Society,
No.79, Iyankula Street,
Thiruvannamalai.
+1 cc to the Special Government pleader sr13056
W.P.No.36229 of 2016
vba(co)
aa17/03/2020
3
2 issues framed by the court
Whether a writ petition filed after a lapse of seven years without prior representations is maintainable.
Whether the petitioners have exhausted alternative救济 by approaching this Court directly without seeking implementation.
1 provisions across 1 enactments
1.G.Ramamoorthy
2.S.Ravi
The Deputy Registrar (Dairying) Collectorate, Thiruvannamalai
The President, Thiruvannamalai Milk Producers, Cooperative Society
D.Krishnakumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
