R.Baskaran v. M/S.Tamilnadu State Transport Corporation

ORDER This petition has been filed seeking a direction to the respondent herein to

(a) revise the petitioner's pay from the date of dismissal (b)settle Gratuity for the petitioner's entire service of 27 years (c)pay pension from May 2025 and

(d)pay the arrears of back wages from the date of dismissal to the date of reinstatement to the petitioner herein, by considering the representations of the petitioner dated 6.4.2026 and 20.7.2026.

2.The case of the petitioner is that he joined the respondent Corporation as a Conductor on 01.05.1998 and retired on 30.04.2025 on attaining the age of superannuation. He was was dismissed from service on 02.01.2003 for misconduct committed while on duty on 14.06.2002. The Approval Petition dated 03.02.2003 filed by the respondent Corporation under Section 33(2)(b) of the Industrial Disputes Act was rejected by the Joint Commissioner of Labour by order dated 10.12.2004. Consequently, the dismissal was not approved and the petitioner is deemed to be in service with effect from the date of dismissal i.e. from 02.01.2003. The petitioner thereafter approached the respondent and requested permission to resume duty by representation dated 01.01.2005. The writ petition filed by the respondent in W.P No.11939 of 2006 was dismissed by this Court on 28.04.2014, confirming the order of Labour Court and directing reinstatement with continuity of service and other attendant benefits. Though the petitioner repeatedly requested reinstatement, he was permitted to resume duty only on 23.09.2019. He retired on 30.04.2025 on attaining Page3 of 4 superannuation. However, his pay has not been revised for the period from dismissal to retirement, and his pension and other retirement benefits remained unsettled. Hence, the petitioner submitted the representations dated 06.04.2026 and 20.07.2026 to the respondent, however, the same has not been considered till date. Hence the writ petition has been filed.

3.The learned counsel for the petitioner would submit that it would suffice, if a direction is issued to the respondent to consider the petitioner's representation within a reasonable time to be fixed by this Court.

4.Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the respondent to consider the petitioner's representation dated 20.7.2026, on merits and in accordance with law and to pass appropriate orders, within a period of six (6) weeks from the date of receipt of a copy of this order,

5.With the above directions, this writ petition is disposed of. No costs. 07-08-2026 Index: Yes/No Speaking/Non-speaking order Uma Page4 of 4

P.T.ASHA, J. Uma To M/s.Tamilnadu State Transport Corporation (Villupuram)Ltd Rep by its Managing Director No.3/137 Salamedu Vazhutha Reddy Post Villupuram -605 602 07-08-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MS. JUSTICE P.T. ASHA R.Baskaran S/o.Raja Goundar Muthugoundanoor Puthakaram (Post) Puthupettai(via) Thirupathur Taluk Velur District -635 651 ..Petitioner(s) Vs M/s.Tamilnadu State Transport Corporation (Villupuram)Ltd Rep. by its Managing Director No.3/137,Salamedu Vazhutha Reddy Post Villupuram -605 602 ..Respondent(s) Writ Petition filed under Article 226 of Constitution of Inida, to issue a Writ of Mandamus, directing the respondent herein to (a) revise the petitioner's pay from the date of dismissal (b)settle Gratuity for the petitioner's entire service of 27 years (c)pay pension from May 2025 and (d)pay the arrears of back wages from the dated of dismissal to date of reinstatement to the petitioner herein by considering the representations of the petitioner dated 6.4.2026 and 20.7.2026. For Petitioner(s): Mr.D.Soundar Raj For Respondent(s): M/s.S.Pavithra Standing Counsel Page2 of 4