W.A.No.2018 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.09.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
AND
THE HON'BLE MRS.JUSTICE N.MALA
Writ Appeal No.2018 of 2022
The Managing Director,
Metropolitan Transport Corporation (Chennai) Ltd.,
Pallavan Illam, Anna Salai,
Chennai-600 002. .. Appellant
Vs
1.K.Ganesan
2.The Special Deputy Commissioner of Labour,
D.M.s. Complex, IV Floor,
Teynampet, Chennai-600 006. .. Respondent
Prayer : Writ Appeal filed under Clause 15 of the Letters Patent
against the order dated 21.10.2021 passed in W.P.No.18929 of 2016.
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W.A.No.2018 of 2022
For the Appellant : Mr.M.Chidambaram
For the Respondents : Mr.K.Malaikannu
for respondent No.1
JUDGMENT
(Delivered by the Hon'ble Chief Justice) The writ appeal has been filed to challenge the order dated 21.10.2021, whereby the writ petition preferred by the Management to challenge the order of the authority under Section 33(2)(b) of the Industrial Disputes Act, 1947 [for short, "the Act of 1947"] was dismissed.
2. The application was dismissed for the reason that after passing an order of termination from service on 27.12.2007, the approval application was filed on 23.02.2013 while it has to be filed simultaneously. In view of the above, we do not find any error in the order of the learned Single Judge, as the approval application was filed against the mandate of law. ____________ Page 2 of 4 https://www.mhc.tn.gov.in/judis W.A.No.2018 of 2022
3. The approval application has to be filed simultaneously with the issuance of the order of termination subject to the compliance of tendering/payment of notice pay. If it is filed belatedly, it cannot be said to be a simultaneous action and, in the present case, the approval application has been filed after a lapse of five years.
4. Finding no merit in the appeal, the same is dismissed. There will be no order as to costs. Consequently, C.M.P.No.15142 of 2022 is closed.
(M.N.B., CJ.) (N.M., J.)
07.09.2022
Index : Yes/No
bbr
To
The Special Deputy Commissioner of Labour, D.M.s. Complex, IV Floor, Teynampet, Chennai-600 006.
____________ Page 3 of 4 https://www.mhc.tn.gov.in/judis W.A.No.2018 of 2022 THE HON'BLE CHIEF JUSTICE AND N.MALA,J.
bbr Writ Appeal No.2018 of 2022 07.09.2022 ____________ Page 4 of 4 https://www.mhc.tn.gov.in/judis