The Management Vs S.Gopal

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, call for the records pertaining to the order dated 06.12.2022 passed by the second respondent in Approval Petition No. 67 of 2020 and quash the same, consequently direct the second respondent to approve the order of the petitioner dated 27.07.2020 dismissing the first respondent from service.

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For Petitioner For Respondent – 1 For Respondent – 2

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: Mr. R. Balaji

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: Served-No Appearance

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: Mr. M Murali

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Government Advocate

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1/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.26055 of 2023

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ORDER

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This Writ Petition is filed for the following relief:

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“To issue a Writ of Certiorarified Mandamus, call for the records pertaining to the order dated 06.12.2022 passed by the second respondent in Approval Petition No. 67 of 2020 and quash the same, consequently direct the second respondent to approve the order of the petitioner dated 27.07.2020 dismissing the first respondent from service.”

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Heard the learned counsel for the petitioner and the learned

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Government Advocate appearing for the 2^nd respondent. Though the 1^st respondent/workman has been served with notice, there is no representation on his behalf either in person or through counsel.

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Today, the learned counsel for the 1^st respondent has produced

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a proposal letter given by the workman dated 19.09.2023 in which it has been stated as follows:

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“ehd; v!;/nfhghy; Xl;Leh; vz;/ D. 57167 (khefh;

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nghf;Ftuj;Jf; fHfk; gzpf;F tutpy;iy vd;w g[fhh; rk;ke;jkhf xG';F eltof;if vLf;fg;gl;L gzp ePf;fk; bra;jjw;F bjhHpyhsh; jdp ,iz Mizahplk; mDkjp

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2/5

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https://www.mhc.tn.gov.in/judis

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W.P.No.26055 of 2023

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nfhhp jhf;fy; bra;ag;gl;l kD. ghh;it 1y; fz;Ls;s cj;jut[ go mDkjp kWj;J cj;jut[ tH';fg;gl;Ls;sJ/

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vdnt. vdf;F ghh;it 1y; fz;Ls;s cj;jut[g;go vdf;F gpd;dpl;L rk;gsj;jpy; tU[';fhy itg;g[ epjpf;F bjhHpyhsh; brYj;j ntz;oa g';fspg;g[ bjhif eP';fyhf. gpd;dpl;L rk;gsk; ,d;wp bjhlh;r;rp gzpa[ld; gzp tH';FkhWk;. ,J rk;ge;jkhf njitg;god; rkur jPh;t[ ikak; (nyhf; mjhyj;) K:ykhf rkurk; bra;Jbfhs;s rk;kjpf;fpnwd;/ ”

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It appears that the Board of Directors of Metropolitan Transport Corporation (Chennai) Limited have also agreed to the above proposal by their Resolution dated 05.01.2024 which reads as follows:

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“To Consider and authorize the Managing

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Director to refer this case WP No.26055/2023 before the Lok Adalat as per the Ex-workman Thiru.S.Gopal, Ex-Driver Staff No.D57167 of Ennore Depot representation dated 19.09.2023 to re- instate into service with continuity of service but without backwages from the date of removal (i.e) 29.07.2020 to date of re-instatement as recommended by the Finance Committee.

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https://www.mhc.tn.gov.in/judis

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W.P.No.26055 of 2023

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Resolved to authorize the Managing Director to refer this case WP No.26055/2023 beforethe Lok Adalat as per the Ex-workman Thiru.S.Gopal, ExDriver Staff No.D57167 of Ennore Depot representation dated 19.09.2023 to re-instate into service with continuity of service but without backwages from the date of removal (i.e) 29.07.2020 to date of re-instatement as recommended by the Finance Committee."

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Recording the above and taking note of the fact that the request

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of the workman has been acceded to, this Writ Petition is disposed of in the lines of the petitioner's management Resolution dated 05.01.2024. No costs. Consequently, connected miscellaneous petition is closed.

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01.07.2025

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Index: Yes/No Speaking order/non-speaking order Neutral Citation: Yes/No srn To,

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The Special Joint Commissioner of Labour, DMS Campus, Anna Salai, Chennai.

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https://www.mhc.tn.gov.in/judis

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W.P.No.26055 of 2023