The General Manager vs K.Sivaraman
2021 Latest Caselaw 24929 Mad

                                                                            Writ Appeal No.3702 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 17.12.2021

                                                       CORAM :

                                  THE HON'BLE MR. JUSTICE M. DURAISWAMY
                                                        AND
                      THE HON'BLE MR. JUSTICE J. SATHYA NARAYANA PRASAD

                                           Writ Appeal No.3702 of 2019
                                                      and
                                            C.M.P.No.23564 of 2019

                The General Manager,
                Tamil Nadu State Transport Corporation,
                (Villupuram) Ltd.,
                Vazhudhareddy, Salamedu,
                Villupuram Region,
                Villupuram – 605 602.                                        ...   Appellant
                                                    Vs.

                1.K.Sivaraman

                2.The Special Deputy Commissioner of Labour,
                  D.M.S. Compound, Chennai.                                  ...   Respondents


                Prayer : Writ Appeal filed under Clause 15 of the Letters Patent to set aside the
                order dated 23.06.2017 made in W.P.No.362 of 2017.


                                       For Appellant     : Mr.G.Saravana Kumar
                                                           for M/s.A.Antony Arockiaraja

                                       For R1            : Mr.V.Ajoy Khose
                                                           for M/s.R.Krishnaswamy
https://www.mhc.tn.gov.in/judis
                Page 1/6
                                                                               Writ Appeal No.3702 of 2019




                                                  JUDGMENT

(Delivered by M. DURAISWAMY, J.)

Challenging the order passed in W.P.No.362 of 2017, the Transport

Corporation has filed the above Writ Appeal.

2.The appellant filed the Writ Petition to issue Writ of Certiorari to call

for the records of the 2nd respondent made in A.P.No.118 of 2014, dated

29.03.2016, and A.P.No.285 of 2013, dated 10.05.2016, respectively and to

quash the same.

3.It is the case of the appellant that they filed an application under

Section 33(2)(b) of the Industrial Disputes Act, 1947, seeking approval of the

order of dismissal passed against the 1st respondent. The approval petition was

rejected on the sole ground that the charges were not proved based on any

acceptable evidence. Challenging the rejection of approval, the Transport

Corporation filed a Writ Petition in W.P.No.362 of 2017.

4.It is the contention of the appellant that the finding of the 2 nd

https://www.mhc.tn.gov.in/judis Page 2/6 Writ Appeal No.3702 of 2019

respondent is perverse for the reason that witnesses have been examined to

substantiate the charges. Further, the appellant contended that the 1st

respondent was involved in two similar accidents, for which, lesser punishments

were imposed. The 2nd respondent, in its order of rejection, observed that none

of the passengers was examined to establish the charges against the 1 st

respondent.

5.The 1st respondent contended that the power of judicial review over an

order of rejection of approval is limited and in a departmental proceedings, it is

for the Presenting Officer to prove the charges levelled against the delinquent.

The 1st respondent contended that the 2nd respondent has rightly rejected the

application on the ground that the appellant failed to establish the charges

against the 1st respondent.

6.Taking into consideration the case of both parties, the learned Single

Judge, while confirming the order passed by the 2 nd respondent, directed the

appellant-Management to reinstate the 1st respondent with continuity of service,

but without backwages. Further, the learned Single Judge observed that the

appellant will have to pay not only the employer's contribution, but also the

employee's contribution till the date of reinstatement. The learned Single Judge https://www.mhc.tn.gov.in/judis Page 3/6 Writ Appeal No.3702 of 2019

has also observed that the 1st respondent is entitled to continuity of service and

attendant benefits as a consequence of continuity of service.

7.When the appellant had miserably failed to establish the charges

against the 1st respondent by adducing evidence, the 2nd respondent has rightly

rejected the application filed under Section 33(2)(b) of the Industrial Disputes

Act, 1947. The learned Single Judge has rightly confirmed the order of the 2nd

respondent. We do not find any ground to interfere with the order passed in the

writ petition and the Writ Appeal is liable to be dismissed.

8.Accordingly, the Writ Appeal is dismissed. No costs. Consequently,

connected miscellaneous petition is closed.

                                                                  [M.D., J.]      [J.S.N.P., J.]
                                                                          17.12.2021
                Index             : Yes/No
                Internet          : Yes
                mkn

                To

                1.The General Manager,

Tamil Nadu State Transport Corporation, (Villupuram) Ltd.,

https://www.mhc.tn.gov.in/judis Page 4/6 Writ Appeal No.3702 of 2019

Vazhudhareddy, Salamedu, Villupuram Region.

Villupuram – 605 602.

2.The Special Deputy Commissioner of Labour, D.M.S. Compound, Chennai.

Villupuram – 605 602.

https://www.mhc.tn.gov.in/judis Page 5/6 Writ Appeal No.3702 of 2019

M. DURAISWAMY, J.

and J. SATHYA NARAYANA PRASAD, J.

mkn

Writ Appeal No.3702 of 2019

17.12.2021

https://www.mhc.tn.gov.in/judis Page 6/6