Proceeds Against' Roil Manager

Northern Advocate, 27 September 1949, Page 5

Proceeds Against' Roil Manager

WELLINGTON, Tue. (P.A.)—A writ of mandamus was sought in the Supreme Court today against the General Manager of New Zealand Railways.

The plaintiff, Fred Howard Harris, railways employee, sought an order commanding the manager to appointf him to a position for which he had appealed successfully. Mr J. R. Marshall appeared for plaintiff, and the Solicitor-General (Mr H. E. Evans, K.C.) for defendant. Mr Justice Hay presided.

This morning’s proceedings were confined to hearing an application by the Crown to have another railways employee, George .Mouton (represented by Mr E. D. Blundell) joined as defendant.

Plaintiff claimed that he had applied for a newly-created position of wharf foreman, to which Mouton was appointed by the general manager of railways. Plaintiff had appealed successfully against Mouton’s appointment, but he claimed that the general manager had declined to act on the decision of the appeal board. STATEMENT OF DEFENCE

The statement of defence claimed that dhe matter was not under the jurisdiction of the Railways Appeal Board.

It was admitted that the appeal had been decided in favour of Harris, but this, it was submitted, would have no legal effect. Mr Evans said Mouton had been appointed on transfer without promotion.

In this case, therefore, he submitted that plaintiff had no right of appeal.

His Honor directed that Mouton should be heard by the court, and the hearing was adjourned to give Mr Marshall time to prepare his case against Mouton.