Madras High Court
The Bharat Petroleum Corporation ... vs Dax Mohan on 8 January, 2021
W.A.(MD)No.26 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.01.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS. JUSTICE S.ANANTHI
W.A.(MD)No.26 of 2021
1.The Bharath Petroleum Corporation Limited,
Rep.. by its Chairman & Managing Director,
Bharat bhavan, 4 & 6 Currimbhay Road,
Ballard Estate, Mumbai.
2.The Director (Marketing)
The Bharath Petroleum Corporation Ltd.,
Bharat Bhavan, 4&6 Currimbhoy Road
Ballard Estate, Mumbai
3.The Executive Director (Retail)
Disciplinary Authority
The Bharath Petroleum Corporation
12 E & F Maker Towers,
Cuff Parade, Mumbai.
4.The General Manager,
Human Resource (Retail)
The Bharath Petroleum Corporation
12 E & F Maker Towers,
Cuff Parade, Mumbai.
5.The Territory Manager,
1/6
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W.A.(MD)No.26 of 2021
The Bharat Petroleum Corporation Ltd.,
Trichy Retail Territory, 1st Floor Towers
Near Kalaignan Arivalayam
Karur Bye Pass Road,
Trichy. :Appellants
Vs.
Dax Mohan : Respondent
PRAYER: Appeal filed under Clause 15 of the Letters Patent against the
order of this Court in W.P.(MD) No.16452/2020 and W.P.(MD) No.
13762/2020 dated 23.11.2020.
For Appellants : Mr.J.P.Cama
Senior counsel for
Mr.T.S.Gopalan
For Respondents : Mr.Isaac Mohanlal
Senior Counsel
JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
This writ appeal has been preferred by the appellants, who are
respondents in the writ petition.
2. In the writ petition, the respondent herein has challenged the order
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W.A.(MD)No.26 of 2021
dated 14.10.2020 passed by the appellants by way of speaking order by
removing him from service. The said order was passed, after framing
charges and on the premise that the appointment itself is conditional, which
was not complied with. The learned Single Judge, at the time of entertaining
the writ petition, was pleased to stay the order of removal. Challenging the
said order, which is passed ex-parte, the present appeal has been filed.
3. The learned counsel for the appellants would submit that without
affording an opportunity, the interim order has been passed. The order of
removal has been given effect to and the respondent has been relieved. The
question as to whether he is entitled to continue or not is a matter to be
decided either at the interlocutory stage after contest or at the time of
deciding the writ petition. In such view of the matter, the order of stay
requires interference.
4. The learned Senior counsel for the respondent submitted the appeal
filed is not maintainable. The appellants have already filed vacate stay
petition. Therefore, without seeking to set aside the order of the learned
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W.A.(MD)No.26 of 2021
single Judge, the present appeal has been filed.
5. We have perused the order of the learned Single Judge. We are not
inclined to go into the merits of the case, at this stage, as was done by the
learned Single Judge. The learned Single Judge, merely recording the
submission made by the learned counsel for the respondent, being the writ
petitioner, at that stage, granted an interim order. An ex-parte interim order
against the order of dismissal, without hearing the other side, is not to be
done, as a matter of course, unless it is bagged by strong and sufficient
reasons.
6. However, the learned Senior counsel for the respondent/writ
petitioner submitted that the stay order will not be pressed and the vacate
stay filed by the appellants may be directed to be taken up and decided.
Accordingly, the submission of the learned senior counsel for the
respondent is recorded. Therefore, the respondent in the writ petition is not
entitled to claim any relief or benefits including wages from the period
starting from stay order, based upon the same, till appropriate orders are
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W.A.(MD)No.26 of 2021
passed in the vacate stay petition.
7. In such view of the matter, without going into the merits of the
case, we request the learned Single Judge dealing with the vacate stay
petition as per the roster to dispose it of within a period of eight weeks from
the date of receipt of a copy of this judgment. We make it clear that all the
issues on fact and law are left open.
8. The writ appeal stands disposed of accordingly. No costs.
[M.M.S., J.] & [S.A.I, J.]
08.01.2021
Index : Yes/No
Internet : Yes
RR
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W.A.(MD)No.26 of 2021
M.M.SUNDRESH, J
AND
S.ANANTHI, J
RR
Order made in
W.A.(MD)No.26 of 2021
08.01.2021
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