The Management vs The Joint Commissioner Of Labour
2021 Latest Caselaw 13594 Mad

                                                                                    W.A.No.1531 of 2013

                                   IN THE HIGH COURT OF JUDICIATURE AT MADRAS

                                                  DATED : 08.07.2021

                                                         CORAM :

                                        THE HONOURABLE MR.JUSTICE T.RAJA
                                                     and
                                    THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

                                     W.A.No.1531 of 2013 and M.P. No.1 of 2013

                     The Management,
                     State Express Transport Corporation Ltd.,
                     Pallavan Salai,
                     Chennai.                                                ... Appellant

                                                             versus

                     1.The Joint Commissioner of Labour
                       (Conciliation), Chennai.

                     2.N.Babu                                     ... Respondents
                     Prayer: Appeal filed under Clause 15 of the Letters Patent against
                     the      order     passed   by    the   Hon'ble   Mr.Justice   K.Chandru      on
                     02.02.2012 in W.P. No.32681 of 2007.
                               For Appellant       : Ms.S.Rajeni Ramadoss

                               For Respondents : Mr.T.Kishore for R2

                                                      R1-Court

                                                        JUDGMENT

(Judgment of this Court was delivered by T.RAJA,J.)

This writ appeal has been directed against the impugned order

dated 02.02.2012 passed in W.P. No.32681 of 2007, confirming the

https://www.mhc.tn.gov.in/judis/ W.A.No.1531 of 2013

order passed by the learned Joint Commissioner of Labour, Chennai,

who has refused to accord approval for the dismissal of the second

respondent for the following reasons:

'1.The enquiry into the charges against the Opposite Party was conducted without notice to him and is therefore violative of the principles of natural justice.

2.A prima facie case for dismissal based on legal evidence adduced before the domestic enquiry was not made out.

3.The dismissal of the Opposite Party amounts to an unfair labour practice.'

2.Since the learned Single Judge has come to the conclusion

that sufficient notice has not been issued to the workman for

conducting enquiry, which is violating the principles of natural

justice, we are also unable to find any infirmity in the impugned

order. Accordingly, the appeal fails and the same is dismissed.

Consequently, M.P. No.1 of 2013 stands closed. No costs.

[T.R.,J] [V.S.G.,J] 08.07.2021 vga

https://www.mhc.tn.gov.in/judis/ W.A.No.1531 of 2013

To

The Joint Commissioner of Labour (Conciliation), Chennai.

https://www.mhc.tn.gov.in/judis/ W.A.No.1531 of 2013

T.RAJA,J.

and V.SIVAGNANAM,J.

vga

W.A.No.1531 of 2013 and M.P. No.1 of 2013

08.07.2021

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