1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2011 CORAM: THE HONOURABLE MR.JUSTICE T.RAJA W.P.(MD)No.14391 of 2011 M.Periasamy ... Petitioner Vs. 1. The Superintending Engineer, Tamil Nadu Electricity Board, Sidhambaranar Distribution Circle, Thuthukudi. 2. The Labour Court, Tirunelveli. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for the records relating to the order in I.D.No.75 of 2002 dated 02.03.2011 on the file of the learned Judge, Labour Court, Tirunelveli and quash the same and directing the respondent to accept the voluntary retirement application of the petitioner dated 01.10.1995 and sanctioned all the eligible terminal benefits under VRS Scheme to the petitioner. For Petitioner : Mr.V.Kannan For R1 : Mr.C.Selvaraj O R D E R The present Writ Petition is directed against the impugned award passed by the Labour Court, Tirunelveli in I.D.No.75 of 2002, dated 02.03.2011. 2. The learned counsel for the petitioner submits that when he was serving as a President in the office of the first respondent, the Superintending Engineer, Tamil Nadu Electricity Board, Thoothukudi, he claims to have submitted an application to go on voluntary retirement on 01.10.1985, to the Chairman of the respondent Department. Subsequently thereafter, he also made number of reminders on 01.07.1986 and 01.10.1986 to the Chairman, Tamil Nadu Electricity Board. But there was no response from the first respondent. Subsequently, he was transferred by the first respondent from Metur to Tirunelveli on 01.08.1986. After the above said transfer order, the first respondent passed another transfer order, transferring the petitioner from Tirunelveli to Tuticorin, by order dated 13.08.1986. Though the petitioner obtained the said order and joined on 20.08.1986, without minding his ill-health, the petitioner's request to go on voluntary retirement was not considered. In the mean while, the petitioner also due to ill- health went on medical leave. Presuming that the petitioner https://hcservices.ecourts.gov.in/hcservices/ 2 remained unauthorisedly absent from duty, the first respondent initiated departmental proceedings and finally passed the order of dismissal from service on 22.11.1989. Aggrieved by the said order of dismissal, the petitioner has raised an industrial dispute in I.D.No.75 of 2002 before the second respondent. The Labour Court, Tirunelveli, after considering the entire case of both sides, have come to the conclusion that the petitioner remained unathorisedly absent for about three years and further the Labour Court has given one another finding that the petitioner also miserably failed to make use of an opportunity to put forth his claim before the domestic enquiry. With these reasons, finding no merits, dismissed the I.D.No.75 of 2002. Aggrieved by the said order, the present Writ Petition has been filed. The learned counsel for the petitioner submits that when the petitioner has presented his application seeking voluntary retirement on 01.10.1985, the respondent cannot pass the order of dismissal dated 22.11.1989. This contention does not stand to any reason. For, the petitioner, after presenting his written request for voluntary retirement, was transferred from Metur to Tirunelveli on 01.08.1986. Subsequently, by another order of transfer dated 13.08.1986, he was posted from Tirunelveli to Tuticorin and the petitioner also accepting the transfer order, joined duty at Tuticorin on 20.08.1986. Thereafter, the petitioner remained unauthorisedly absent for about three years. Therefore, the Labour Court has rightly dismissed the claim of the petitioner, on the ground that though the petitioner has presented an application for VRs on 01.10.1985, he remained unauthorisedly absent from the date of transfer viz., 13.08.1986. Consequently, from the date of dismissal i.e., 22.11.1989, the petitioner also remained idle for about another three years in approaching the Labour Court. For these reasons, this Court finds no merits and substance to entertain the Writ Petition. Accordingly, the same is dismissed. Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub-Assistant Registrar To 1. The Superintending Engineer, Tamil Nadu Electricity Board, Sidhambaranar Distribution Circle, Thuthukudi. 2.The Labour Court, Tirunelveli +One CC to Mr.C.Selvaraj, Advocate, SR.No.44357 +One Cc to Mr.V.Kannan, Advocate, SR.No.44238 akv rl/5c – 9.1.2012 W.P.(MD)No.14391 of 2011 16.12.2011 https://hcservices.ecourts.gov.in/hcservices/