Disposed

S. Tamilselvi v. the Commissioner of Labour

Madras HC8 Jun 2020WP(MD)/6449/2020

Case brief

AI extract

What is this about?

The petitioner challenged an order transferring her from Theni to Thiruvarur, alleging it was mala fide and that her children's schooling would be disrupted. The High Court directed her to join the new posting on 01.07.2020 but granted relief by ordering the authorities not to hold out against her and providing an opportunity for a personal hearing if she files a representation for further transfe

What did the court decide?

Directive issued to not hold out against petitioner for filing writ; opportunity for personal hearing granted upon filing representation.

S. Tamilselvi Vs the Commissioner of Labour — Service and Employment | Madras HC (2020)

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W.P(MD) No. 6449 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2020 CORAM :

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THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

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W.P(MD) No. 6449 of 2020 and WMP(MD) Nos. 5748 & 5754 of 2020

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S. Tamilselvi ... Petitioner Vs.

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The Commissioner of Labour, Labour Department, D.M.S. Compound, Teynampet, Chennai – 600 006.

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The Joint Commissioner of Labour, Collectorate Buildings, Dindigul. ... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari or appropriate Writ or order or direction in the nature of Writ, calling for the records pertaining to the impugned order passed by the first respondent in E2/1646/2020-7 dated 18.05.2020 quash the same.

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For Petitioner : Mr.V. Karthikeyan For Respondents : Mrs.J. Padmavathi Special Government Pleader

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ORDER

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The writ petitioner has filed the instant writ petition, questioning the order of transfer passed by the first respondent, dated 18.05.2020 in E2/1646/2020-7 transferring the petitioner from Theni to Thiruvarur.

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Mrs.J. Padmavathi, learned Special Government Pleader takes notice for the respondents.

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Heard the learned counsel for the petitioner.

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The learned counsel appearing for the petitioner has stated that the order of transfer is malafide in nature. He has also stated that the relieving officer one S.Sangeetha/Assistant Commissioner of Labour, Batlagundu who has been vice versa transferred to Theni has not yet been taken charge from the petitioner. He also stated that the children of the petitioner are https://hcservices.ecourts.gov.in/hcservices/ studying in Theni and the petitioner has been transferred far away

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W.P(MD) No. 6449 of 2020

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place to Tiruvarur. He has also stated that due to pandemic situation there is no transport facility to go to Theni from Tiruvarur.

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Considering the facts and circumstances, the following directions are issued;

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The petitioner is directed to join duty in the new transfer place i.e., Tiruvarur, on or before 01.07.2020. After joining the new station, the petitioner may give a requisition for transfer either to Virudhunagar or Tirunelveli or to any other place in Southern Districts, within a period of two weeks.

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If a representation is given by the petitioner, the respondents may afford an opportunity to the petitioner for personal hearing and thereafter, note the reasons and pass appropriate orders in the said representation, within a period of two Weeks from the date of representation.

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The respondents should not hold out against the petitioner for filing this writ petition.

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The first respondent may grant personal hearing or an opportunity for giving written submissions.

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With the above observations, the Writ Petition is disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.

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Assistant Registrar (CS-II)

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ksa

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The Commissioner of Labour, Labour Department, D.M.S. Compound, Teynampet, Chennai – 600 006.

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The Joint Commissioner of Labour, Collectorate Buildings, Dindigul.

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W.P(MD) No.6449 of 2020 08.06.2020

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MK (12.06.2020) 2P 3C

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https://hcservices.ecourts.gov.in/hcservices/

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S. Tamilselvi v. the Commissioner of Labour

Case brief

What is this about?

What did the court decide?

S. Tamilselvi v. the Commissioner of Labour

Case brief

What is this about?

What did the court decide?

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