Madras High Court
N.M.Jeyakumar vs The General Manager on 23 March, 2022
W.P.(MD)No.18669 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:23.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD)No.18669 of 2021
and WMP (MD) Nos.15383 and 15384 of 2021
N.M.Jeyakumar ... Petitioner
Vs.
1.The General Manager
Tamil Nadu State Transport Corporation
Bye Pass Road
Dindigul.
2.The Managing Director,
Tamil Nadu State Transport Corporation
Bye Pass Road
Madurai. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a writ of Certiorarified Mandamus to call for the
impugned proceedings in Paarvai LDIBD/1164 dated 20.08.2021 on the
file of the 2nd respondent and to give periodic increment from the month
of November 2019 and the consequent review (2nd review) supposed to
be given on November 2021.
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.18669 of 2021
For Petitioner : Mr.S.Saji Bino
For Respondents : Mr.J.Senthil Kumaraiah
ORDER
The petitioner is working as a Driver in transport department. The
service conditions of the workman are governed under the 12(3)
settlement of the Industrial Disputes Act. Therefore, the petitioner has to
approach the competent labour Court for the purpose of redressal of his
grievance.
2. When an efficacious remedy is contemplated under the
Industrial Disputes Act, which is a special Act for the workman, the said
remedy is to be exhausted before approaching the High Court. When
several writ petitions are filed challenging the orders of the labour Court,
by way of writ petition before the high Court, it is not known why the
workmen are directly approaching the high Court by way of writ
petitions. Such adjudication in entertaining the writ petition is to be
avoided. There must be a consistency in entertaining a writ petition in
respect of labour matters more specifically when workman approaches
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W.P.(MD)No.18669 of 2021
the high Court. A writ petition is not entertainable ordinarily, as an
efficacious remedy is available to the workmen under the provisions of
the Industrial Disputes Act before the labour Court. The principle in this
regard are elaborately considered by this Court in the case of
P.Muthukrishnan v. the Management of Tamil Nadu State Transport
Corporation, Madurai Ltd., reported in 2019 (4) LLJ 152 Madras. In
the said judgment, this Court has elaborately considered various
judgments of the Hon'ble Supreme Court of India and held that a
workman has to approach the labour Court for redressal of their
grievance as their service conditions are governed under the 12(3)
settlement of the Industrial Disputes Act. The said views of this Court
has been confirmed by the Hon'ble Division Bench of this Court in
W.A.No.1088 of 2021 dated 30.07.2021. Thus, the petitioner is at liberty
to approach the jurisdictional labour Court for the purpose of redressal of
his grievance.
3. In the event of any such approach, the period during which the
writ petition was pending before this Court is to be taken into
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W.P.(MD)No.18669 of 2021
consideration for the purpose of condoning the delay, if any and the issue
to be sorted out on merits and in accordance with law.
4. The writ petition stands disposed of accordingly. No costs.
Consequently connected Miscellaneous Petitions are closed.
23.03.2022
Index:Yes/No
Internet:Yes
RR
To
1.The General Manager
Tamil Nadu State Transport Corporation
Bye Pass Road
Dindigul.
2.The Managing Director,
Tamil Nadu State Transport Corporation
Bye Pass Road
Madurai.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.18669 of 2021
S.M.SUBRAMANIAM,J.
RR
W.P.(MD)No.18669 of 2021
23.03.2022
https://www.mhc.tn.gov.in/judis
