Madras High Court
The Management vs K.Rajendran ... 1St on 8 February, 2021
W.A(MD)Nos.1405 to 1407 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.02.2021
CORAM:
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA
AND
THE HONOURABLE MRS.JUSTICE S.KANNAMMAL
W.A(MD)Nos.1405 to 1407 of 2015
and
M.P(MD)Nos.2, 1 & 1 of 2015
1.W.A(MD)No.1405 of 2015:-
The Management,
Tamil Nadu State Transport Corporation,
Karaikudi, Sivagangai District. ... Appellant/Petitioner
Vs.
1.K.Rajendran ... 1st Respondent/1st Respondent
2.The Presiding Officer,
Labour Court,
Madurai. ... 2nd Respondent/2nd Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 26.04.2013 made in W.P(MD)No.12055 of 2009
on the file of this Court.
For Appellant : Mr.D.Sivaraman
2.W.A(MD)No.1406 of 2015:-
The Management,
Rep. by its General Manager,
Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
Karaikudi. ... Appellant/Petitioner
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W.A(MD)Nos.1405 to 1407 of 2015
Vs.
1.B.Madhusuthanan ... 1st Respondent/1st Respondent
2.The Presiding Officer,
Labour Court,
Madurai. ... 2nd Respondent/2nd Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 26.04.2013 made in W.P(MD)No.12103 of 2009
on the file of this Court.
For Appellant : Mr.D.Sivaraman
For R – 1 : Mr.S.Deenadhayalan
3.W.A(MD)No.1407 of 2015:-
The Management,
Tamil Nadu State Transport Corporation,
Karaikudi,
Sivagangai District. ... Appellant/Petitioner
Vs.
1.A.Abdul Samadu ... 1st Respondent/1st Respondent
2.The Presiding Officer,
Labour Court,
Madurai. ... 2nd Respondent/2nd Respondent
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set
aside the order, dated 26.04.2013 made in W.P(MD)No.12104 of 2009
on the file of this Court.
For Appellant : Mr.D.Sivaraman
For R – 1 : No appearance
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W.A(MD)Nos.1405 to 1407 of 2015
COMMON JUDGMENT
(Judgment of the Court was delivered by
PUSHPA SATHYANARAYANA,J.)
These Writ Appeals were directed against the order, dated
26.04.2013 passed in W.P(MD)Nos.12055, 12103 and 12104 of 2009
respectively.
2.A batch of Writ Petitions were dismissed on 26.04.2013, which
were preferred by the workmen as well as the Management against
the award, dated 18.09.2008 passed in I.D.Nos.126 of 1995 and etc.
Aggrieved by the dismissal of the said Writ Petitions, the Management
preferred these Writ Appeals.
3.The Writ Appeal in W.A(MD)No.225 of 2015 was considered by
the Division Bench of this Court on 07.09.2016 (The Management,
Rep. by its General Manager, Tamil Nadu State Transport Corporation
Limited, Karaikudi Vs. M.Iqbal and another) and passed the following
order:-
“3.This Court, on going through the enquiry report,
especially page No.10, is of the view that except stating
that the first respondent was in-charge of the concerned
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W.A(MD)Nos.1405 to 1407 of 2015
office between 09.01.1988 and 04.06.1988, the Enquiry
Officer has not given any specific finding as to the
delinquency on the part of the first respondent.
4.The learned Single Judge, while dismissing the Writ
Petition, has taken note of the legal position with regard to
the appreciation of findings rendered by the Labour Court
and ultimately dismissed the Writ Petition and upheld the
Award passed by the second respondent.
5.The findings rendered by the Labour Court as well
as by the Single Bench of this Court, in sofar as the first
respondent is concerned, are concurrent findings. This
Court, in exercise of its jurisdiction under Clause 15 of
Letters Patent, cannot go into the legality of the factual
findings rendered by the Labour Court as confirmed by the
Single Bench of this Court.
6.The learned counsel appearing for the first
respondent would submit that simultaneously criminal
prosecution was also launched against the first respondent
and the said criminal proceedings were quashed by this
Court vide order, dated 30.06.2015 in Crl.O.P(MD)No.
20172 of 2013 and that the civil suit filed for recovery of
loss is also pending.
7.In the light of the facts and circumstances coupled
with the reasons assigned therein, this Court is of the
considered view that the Writ Appeal deserves for
dismissal.
8.In the result, the Writ Appeal is dismissed
confirming the order dated 26.04.2013, passed in
W.P(MD)No.12105 of 2009. Consequently, connected
Miscellaneous Petition is closed. No costs.”
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W.A(MD)Nos.1405 to 1407 of 2015
4.As it is stated that in all the cases, the facts are identical and
already several Writ Appeals were dismissed as against the
Management/appellant, these Writ Appeals also deserve to be
dismissed on the same lines. Accordingly, these Writ Appeals are
dismissed. No costs. Consequently, connected Miscellaneous Petitions
are closed.
[P.S.N.,J] [S.K.,J.]
08.02.2021
Index :Yes/No
Internet :Yes/No
ps
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.A(MD)Nos.1405 to 1407 of 2015
PUSHPA SATHYANARAYANA,J.
and
S.KANNAMMAL,J.
ps
To
The Management,
Tamil Nadu State Transport Corporation,
Karaikudi, Sivagangai District.
W.A(MD)Nos.1405 to 1407 of 2015
08.02.2021
http://www.judis.nic.in
