P SIVAKUMAR LAL Vs. DISTRICT MANAGER TASMAC COIMBATORE

JUDGEMENT

(1.) IT is seen from the Writ Petition that the petitioner was employed as a Shop Assistant in the retail shop No.1710 run by the TASMAC. The petitioner absented himself from duty right from May 2008. He has not produced any order in dispensing with the service. On the contrary in February 2010, he has sent a letter stating that when he turned back to work after treatment, namely after a period of 15 months, he found that some other person has been appointed. Therefore, he should be taken back to duty. He has come forward with this Writ Petition seeking for a direction to consider the said representation.

(2.) THIS Court is not inclined to entertain such a Writ Petition. If the petitioner has been unjustly terminated, the only course open to the petitioner is to move either under the Tamil Nadu Shops and Establishments Act or under the Industrial Disputes Act and establish his credentials about the long absence. Only such courts can grant the relief and not file a Writ Petition seeking a direction to consider the representation. Therefore, without prejudice to other rights if any under law, the Writ Petition stands dismissed. No costs.