Madras High Court
K. R. Gunasekar vs The Tamil Nadu State Transport on 13 December, 2021
W.P.(MD) No. 19572 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 13.12.2021
CORAM
THE HON'BLE DR.JUSTICE ANITA SUMANTH
W.P.(MD)Nos. 19572 to 19574 of 2018
K. R. Gunasekar ...Petitioner in all Wps.
Vs
1. The Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
Represented by its Managing Director,
Kumbakonam.
2. The General Manager,
Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
Pudukkottai Region,
Pudukkottai. .. Respondents in all Wps.
Prayer in W.P.(MD)No. 19572 of 2018: Writ Petition filed under Article
226 of the Constitution of India, for the issuance of a writ of mandamus,
directing the respondents to reconsider the punishment of increment cut for
6 months with cumulative effect, imposed on the petitioner vide the order
passed by the first respondent in Ref”TNSTC/D3/559 dated 03.10.2001
based on the judgment of acquittal passed by the Learned District Munsif
cum Judicial Magistrate; Keeranoor in C.C. No. 474/2000 dated 12.06.2003
and consequently direct the respondents to pass orders re-fixing his pay
and terminal benefits and further directing the respondents to pay the
petitioner's difference amount in wages within a time limit that may be
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W.P.(MD) No. 19572 of 2018
stipulated by this court and pass orders.
Prayer in W.P.(MD)No. 19573 of 2018: Writ Petition filed under Article
226 of the Constitution of India, for the issuance of a writ of mandamus,
directing the respondents to reconsider the punishment of increment cut for
one year with cumulative effect, imposed on the petitioner vide the order
passed by the second respondent in Ref:TNSTC/D3/888 dated 14.05.2004
based on the judgment of acquittal passed by the Learned Judicial
Magistrate, Keeranoor in C.C. No. 61/2004 dated 09.07.2009 and
consequently direct the respondents to pass orders re-fixing his pay and
terminal benefits and further directing the respondents to pay the
petitioner's difference amount in wages within a time limit that may be
stipulated by this court and pass orders.
Prayer in W.P.(MD)No. 19574 of 2018: Writ Petition filed under Article
226 of the Constitution of India, for the issuance of a writ of mandamus,
directing the respondents to reconsider the punishment of increment cut for
four years with cumulative effect, imposed on him vide the order passed by
the first respondent in Ref:TNSTC/Kumba/Pudhu/TS/D3/058 dated
28.11.2014 based on the final report dated 31.12.2013 filed by the Inspector
of Police, Thirumayam Range and consequently direct the respondents to
pass orders re-fixing his pay and his terminal benefits and further directing
the respondents to pay him difference amount in wages within a time limt
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W.P.(MD) No. 19572 of 2018
that may be stipulated by this court and pass orders.
For Petitioner : Mr. A. Rahul
For Respondents : Mr. D. Sivaraman
Standing Counsel
COMMON ORDER
These writ petitions have been filed by an employee of the Tamil
Nadu State Transport Corporation (Kumbakonam) seeking mandamus
directing the respondents to reconsider punishment of increment cut for six
months with cumulative effect imposed upon the petitioner (W.P.(MD) No.
17572 of 2018), punishment of increment cut for one year with cumulative
effect (W.P.(MD)No.17573 of 2018) and punishment of increment cut for 4
years with cumulative effect (W.P.(MD) No. 17574 of 2018).
2. The case of the petitioner is that the settlement arrived at qua the
parties under Section 12 (3) of the Industrial Disputes Act, provided for a
reconsideration of the punishment imposed, if the criminal case pending as
against the petitioner ended in an honourable acquittal.
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W.P.(MD) No. 19572 of 2018
3. Before me Mr.Rahul, appearing for the petitioner and Mr.
Shivaraman, learned Standing counsel appearing for the Transport
Corporation are not in agreement as to the nature of the acquittal that has
been obtained by the petitioner before the criminal court. Thus, rather than
delve into an interpretation of the judgment of the criminal court, to decide
as to whether the acquittal was honourable or otherwise, it would suffice to
direct the Transport Corporation to dispose the representations of the
petitioner dated 16.06.2018, wherein the same request as, made before this
Court has been made before the Corporation. Let this exercise be done
within a period of eight weeks from today after hearing the petitioners.
Disposed as above. No costs.
13.12.2021
Index: Yes/No
Speaking/non-speaking
Internet: Yes
mnr
Note : In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is presented is
the correct copy, shall be the responsibility of the advocate/litigant
concerned
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W.P.(MD) No. 19572 of 2018
To
1. The Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
Represented by its Managing Director,
Kumbakonam.
2. The General Manager,
Tamil Nadu State Transport
Corporation (Kumbakonam) Ltd.,
Pudukkottai Region,
Pudukkottai.
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W.P.(MD) No. 19572 of 2018
DR.ANITA SUMANTH, J.
mnr
W.P.(MD)Nos. 19572 to 19574 of 2018
13.12.2021
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W.P.(MD) No. 19572 of 2018
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