Madras High Court
S.Muthukumar vs The Chief General Manager on 17 February, 2021
W.P.(MD) No.1716 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
W.P.(MD) No.1716 of 2021
S.Muthukumar ...Petitioner
Vs.
1.The Chief General Manager,
Karur Vysya Bank Ltd.,
Human Resource Department,
Central Office,
Karur.
2.The Assistant General Manager,
Karur Vysya Bank,
Central Office,
Karur. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, to direct the first respondent to
pass order on the appeal preferred by the petitioner dated 14.04.2018
For Petitioner : Mr.V.Panneer Selvam
For Respondents : Mr.Anand Gopalan
for T.S.Gopalan & Co.
http://www.judis.nic.in
1/4
W.P.(MD) No.1716 of 2021
ORDER
The limited grievance of the petitioner is that he has filed an
appeal before the first respondent against the order of dismissal, which is
pending from 14.04.2018 and therefore, he seeks for a direction for
expeditious disposal.
2.The learned counsel for the respondent raised a
preliminary ground on the maintainability of the writ petition that an
alternative remedy available to the petitioner would be under the
provision of the Tamil Nadu Shops and Establishments Act and that the
writ petition itself is not maintainable against the Private Bank. In
support of such submission, he would rely upon a judgment of the
Hon'ble Division Bench of this Court in the case of B.Anitha Vs General
Manager-HRD, Appellate Authority, Karur Vysya Bank Limited and
others in W.A(MD) No.1500 of 2019. As rightly pointed out by the
learned Standing Counsel for the respondent, the Hon'ble Division Bench
had held in Paragraph No.17 of the said judgment that the Private Bank
will not come within the purview of Article 12 of the Constitution of
India to enable the Bank employee to maintain the writ petition.
http://www.judis.nic.in
W.P.(MD) No.1716 of 2021
3.However, the learned Standing Counsel for the
respondents would fairly submit that they intend to dispose of the appeal
as expeditiously as possible, which could be made within a period of
three months.
4.Though the writ petition cannot be strictly maintained
before this Court, by taking into consideration the submission of the
learned Standing Counsel for the respondents and also the fact that by
directing the petitioner to exhaust the alternate remedy would consume
considerable time, the ends of justice could be secured, if the first
respondent is directed to conclude the appeal proceedings within a period
of three months.
5.Accordingly, there shall be a direction to the first
respondent to complete the appeal proceedings dated 14.04.2018 as
expeditiously as possible, in any event, within a period of three months
from the date of receipt of a copy of this order.
http://www.judis.nic.in
W.P.(MD) No.1716 of 2021
M.S.RAMESH, J.
cp
6.With the above direction, this Writ Petition stands
disposed of. No costs.
17.02.2021
Index : Yes / No
Internet : Yes / No
cp
NOTE:
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To:-
The Chief General Manager,
Karur Vysya Bank Ltd.,
Human Resource Department,
Central Office, Karur.
W.P.(MD) No.1716 of 2021
http://www.judis.nic.in
