V. Baskar v. Managing Director, Trichy Region, Tamil Nadu State Transport Corporation, Kumbakonam Division, Trichy
2017-01-05
S.VAIDYANATHAN
body2017
DigiLaw.ai
ORDER : This Writ Petition has been filed for issuance of a writ of Certiorarified Mandamus calling for the records of the first respondent proceedings in TNSTC/KUM/TRY/D7/ 6156/2014, dated 8.2.2016 and quash the same. 2. Mr.D.Sivaraman, learned counsel takes notice for the respondents. By consent of both parties, the Writ Petition itself is taken up for final disposal at the admission stage itself. 3. The Petitioner has come forward with the present Writ Petition only on the ground that the Petitioner's explanation/representation, dated 4.9.2016 which was sent by post and also given in person was not considered. But the Petitioner has already given an appeal. Admittedly, the Petitioner's appeal was rejected on 3.8.2016. There is no chance for the appellate authority to consider the representation, dated 4.9.2016 when the appeal itself is disposed of on 3.8.2016. The Petitioner is a workman under the Industrial Disputes Act. If the Petitioner is aggrieved by the punishment imposed by post-poning one increment for a period of one year, he can agitate the same by raising an Industrial Dispute through the union. Hence I find no error apparent on the face of the records as the Tribunal is empowered to consider the grievance of the Petitioner, if any industrial dispute is raised on behalf of the Petitioner. Thus the Writ Petition fails and accordingly the same stands dismissed. Consequently connected Miscellaneous Petition is dismissed. No costs.