In this writ petition challenging an order rejecting an application under Section 33(2)(b) of the Industrial Disputes Act, the court held that reinstatement without backwages rendered the order non-justiciable, closing the petition.
Writ Petition closed; no interference with the impugned order required.
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.
W.P.No.20004 of 2018
and W.M.P.No.23418 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :19.01.2023
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.No.20004 of 2018 and
W.M.P.No.23418 of 2018
M/s Tamil Nadu State Transport Corporation, (Salem) Ltd., 12, Ramakrishna Road, Salem-636 007.
.. Petitioner
/versus/
1.Mr.S.T.Samidurai
2.The Special Deputy Commissioner of Labour, Chennai.
.. Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari calling for the records relating to the order dated 14.05.2018 passed by the second respondent in A.P.No.77/2011 and to quash the same.
For Petitioner :Mr.R.Babu
For Respondents :Mr.S.T.Varadarajulu for R1 Mr.K.H.Ravikumar, FA for R2
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W.P.No.20004 of 2018 and W.M.P.No.23418 of 2018
O R D E R
On the strength of proven charges of unauthorized absence of the
first respondent, who was serving as a Conductor with the petitioner Corporation, he was dismissed from service on 26.02.2011. On the same
day, the petitioner Corporation had filed an application under Section 33(2)(b) of the Industrial Disputes Act, 1947, which came to be rejected through the impugned order dated 14.05.2018. Challenging the order of rejection, the present Writ Petition has been filed.
respondent's offer to abstain from claiming the backwages in lieu of his reinstatement, the petitioner Corporation may not be prejudiced in any
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W.P.No.20004 of 2018 and W.M.P.No.23418 of 2018
manner, since he has already chosen to reinstate the first respondent without backwages. As such, no interference may be required to the impugned order passed under Section 33(2)(b) of the Act.
Consequently, connected Miscellaneous Petition is closed.
19.01.2023
Index:yes/no Speaking order/non speaking order ari
To:
The Special Deputy Commissioner of Labour, Chennai.
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W.P.No.20004 of 2018 and W.M.P.No.23418 of 2018
M.S.RAMESH, J.
ari
W.P.No.20004 of 2018 and W.M.P.No.23418 of 2018
19.01.2023
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1 issue framed by the court
Whether the Writ Petition challenging the rejection of the reinstatement application requires interference given the petitioner's readiness to reinstate without backwages.
1 provisions across 1 enactments
Tamil Nadu State Transport Corporation, (Salem) Ltd.
Mr. S. T. Samidurai
The Special Deputy Commissioner of Labour, Chennai
M. S. Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
