IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.01.2007 CORAM THE HONOURABLE MR.JUSTICE P.JYOTHIMANI W.P. NO.3095 of 2007 P. Palanisamy ..Petitioner vs Tamil Nadu State Transport Corporation Ltd. rep.by its Managing Director 37 Mettupalayam Road Coimbatore 43. ..Respondent Writ Petition is filed under Article 226 of the Constitution of India for the issue of writ of Mandamus as stated therein. For petitioner : Ms.S.Girija For respondents : Mr.C.Kanagaraj, GA ORDER
The writ petition is filed for issue of a writ of Mandamus directing the respondent to give preference to the petitioner in the employment as Conductor in the respondent Corporation in the existing vacancies as per Sec.25-H of the Industrial Disputes Act and G.O.No. 41 Transport Department, dated 13.7.2006.
2.Heard the learned counsel for the petitioner and Mr.C.Kanagaraj, learned Government Advocate, taking notice on behalf of the respondent.
3.According to the petitioner, he has completed 240 days of service. As per the decision of a Division Bench of this Court dated 8.12.97 in W.A. Nos.1294 to 1299 of 1997 etc. batch, the petitioner should be reinstated, if he had worked for more than 240 days or he should be re-employed in future vacancies, if he had worked for less than 240 days under Section 25-H of the Industrial Disputes Act. Hence, the respondent is directed to consider the representation of the petitioner dated 30.8.2006 and pass appropriate orders as per Section 25-H of the Industrial Disputes Act and the judgment of the Division Bench in W.A.No.2985 of 2003 etc batch dated 8.12.2005 and the order in W.P.No.26195/2006 dated 14.12.2006 regarding re-employment of the petitioner as Conductor in the existing vacancies within a period of eight weeks from the date of receipt of a copy of this order making it clear that the said right shall not be available if the petitioner has not worked even for a single day and made a bogus claim.
4.The writ petition is disposed of accordingly. No costs.
ra
To
The Managing Director
Tamil Nadu State Transport Corporation Ltd.
37, Mettupalayam Road
Coimbatore 43.
[PRV/9411]