Madras High Court
The Management vs R.Vedharathinam on 20 April, 2021
W.A.No.1102 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.1102 of 2021
and C.M.P.No.6953 of 2021
The Management,
Tamil Nadu State Transport Corporation,
(Kumbakonam Division I) Limited,
Kumbakonam. .. Appellant
Vs
1.R.Vedharathinam
2.The Presiding Officer,
Labour Court, Cuddalore. .. Respondents
Writ Appeal filed under Clause 15 of the Letters Patent against
the order dated 03.01.2020 passed in W.P.No.38357 of 2015.
For Appellant : Mr.D.Venkatachalam
Page 1 of 5
https://www.mhc.tn.gov.in/judis/
W.A.No.1102 of 2021
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This writ appeal is directed against the order dated 03.01.2020
passed in W.P.No.38357 of 2015.
2. The appellant is the Management and the first respondent
raised a dispute against the order of dismissal passed by the appellant
before the Labour Court. The Labour Court directed the appellant to
grant continuity of service with backwages along with monetary benefit
from the date of dismissal till the date of retirement. The retiral
benefits were also directed to be paid.
3. The appellant laid a challenge before the learned Single Judge.
The learned Single Judge, though did not interfere with the factual
finding, held that the claim of backwages required to be interfered with
accordingly, the following order has been passed:
"12.Accordingly, this Writ Petition is disposed of,
as follows:
(a) The award of the Labour Court is modified
only to the extent that the first respondent
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W.A.No.1102 of 2021
herein is entitled to only 50% of backwages.
(b)Since continuity of service is awarded by
the Labour Court, which is not interfered by
this Court, the petitioner-Management shall
pay the employer's contribution for the
purpose of computation of pension in respect
of the entire service period, notwithstanding
the fact that this Court has directed to pay
only 50% of backwages.
(c)In all other respects, the award of the
Labour Court is sustained.
(d) The petitioner-Management shall comply
with the award passed by the Labour Court, as
modified by this Court, as referred supra,
within a period of eight weeks from the date of
receipt of a copy of this order.
No costs. Consequently, connected miscellaneous
petition is closed."
4. Learned counsel appearing for the appellant submitted that
the management has failed to consider the evidence in its right
perspective. On perusal, we find that the Labour Court did consider the
evidence. Not only that, the learned single Judge has passed a
speaking order and held that the Labour Court was justified in holding
that the appellant did not prove Charge No.2. It was also held while
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W.A.No.1102 of 2021
confirming the finding of the Labour Court that even Charge No.2 has
not been proved.
5. It is trite that while exercising the power under Article 226 or
227 of the Constitution of India, the High Court is concerned with the
decision making process and, therefore, not expected to re-apprise the
evidence available on record in the event of any perversity. The Labour
Court considered the materials available on record and so also the
learned Single Judge.
6.In such view of the matter, we do not find any reason to
interfere with the order of the learned Single Judge. Accordingly, the
writ appeal stands dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
(M.M.S., J.) (R.N.M., J.)
20.04.2021
Index:Yes/No
mmi
To
The Presiding Officer,
Labour Court, Cuddalore.
https://www.mhc.tn.gov.in/judis/
W.A.No.1102 of 2021
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.1102 of 2021
20.04.2021
https://www.mhc.tn.gov.in/judis/
