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Madras High Court · body

2019 DAILYLAW 3935 (MAD)

The Managing Director v. State Human Rights Commission

WP(MD)/16175/2019 · 2026-08-11

M Dhandapani, N Dilip Kumar

Transfer Petitionbody2019

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.16175 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2026 CORAM: THE HONOURABLE MR.JUSTICE M.DHANDAPANI and THE HONOURABLE MR.JUSTICE N.DILIP KUMAR W.P(MD)No.16175 of 2019 and CMP (MD) No.6137 of 2019, WMP (MD) No.12875 of 2019 1. The Managing Director, Tamilnadu State Transport Corporation Tirunelveli Ltd., Tirunelveli Region, Tirunelveli. 2. The General Manager, Tamilnadu State Transport Corporation Tirunelveli Ltd., Vannarapettai, Tirunelveli-3. 3. The Administration, Tamilnadu State Transport Corporation Tirunelveli Ltd., Tirunelveli Region, Tirunelveli. ... Petitioner(s) vs. 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.16175 of 2019 1. State Human Rights Commission, O/o.State Human Rights Commission, No.143, P.S.Kumarasamy Raja Salai, Greenways Road, Chennai-600 028. 2. M.Palvannanathan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records from the 1st respondent State Human Rights Commission relating to the impugned Complainant by it in Case No.11967/2018/C-3 dated 14/05/2019 and quash the same. For Petitioners : Mr. K.Sathiya Singh For Respondents : Mr.K.Guhan (R1) : Mr.Gokul Abimanyu for M/s.C.Arul Vadivel @ Sekar Associates ORDER (Order of the Court was made by M.DHANDAPANI, J.) This Writ Petition has been filed challenging the order passed by the first respondent/State Human Rights Commission in Case No.11967/2018/C-3 dated 14.05.2019. 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.16175 of 2019 2. The learned counsel appearing for the second respondent would submit that the second respondent had approached the Labour Court under 2-A(2) of the Industrial Disputes Act, 1947, in respect of the non-implementation of the award passed in I.D. No.61 of 2011 dated 16.04.2012. Thereafter, the second respondent lodged a complaint before the State Human Rights Commission alleging non-implementation of the said award. Pursuant to the complaint, the State Human Rights Commission had issued a summons to the petitioner, challenging which the present Writ Petition has been filed. However, the learned counsel appearing for the second respondent would submit that, subsequently, the said order has been implemented and therefore, there is no grievance surviving before the State Human Rights Commission. Accordingly, he would submit that the present Writ Petition may be closed. 3. We have heard the learned counsel appearing for the parties and perused the entire materials available on record. 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.16175 of 2019 4. On a perusal of the records, it is seen that the complaint before the State Human Rights Commission has been filed alleging non-implementation of the award passed by the Labour Court. The State Human Rights Commission cannot act as an execution Court for executing an award passed by the Labour Court. Therefore, the summons issued by the State Human Rights Commission in respect of the non-implementation of the Labour Court award is impermissible in law. 5. Accordingly, the summons issued by the State Human Rights Commission is set aside. The Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [M.D.I.,J.] & [N.D.K.,J.] 11.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes PKN 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.16175 of 2019 To The State Human Rights Commission, O/o.State Human Rights Commission, No.143, P.S.Kumarasamy Raja Salai, Greenways Road, Chennai-600 028. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.16175 of 2019 M.DHANDAPANI , J. and N.DILIP KUMAR, J. PKN W.P(MD)No.16175 of 2019 11.08.2026 6/6 https://www.mhc.tn.gov.in/judis