Madras High Court
K.Radha vs The Government Of Tamil Nadu on 22 July, 2021
W.A.(MD)No.1444 of 2021
THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1444 of 2021
K.Radha ... Appellant
Vs.
1.The Government of Tamil Nadu
Represented by The Commissioner and Secretary,
Transport Department,
Fort St. George,
Chennai - 600 009.
2.The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Kumbakonam Division,
Kumbakonam - 612 001. : Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act,
praying to set aside the order dated 29.06.2021 passed in
W.P.(MD).No.23911 of 2019.
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W.A.(MD)No.1444 of 2021
For Appellant : Mr.D.Selvanayagam
For Mr.I.Murugesan
For 1st Respondent : Mr.R.Baskaran,
Standing Counsel for Government
For 2nd Respondent : Mr.D.Sivaraman
Standing Counsel for TransportCorpn.,
JUDGMENT
*************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
Heard Mr.D.Selvanayagam, learned Counsel appearing for
the appellant, Mr.R.Baskaran, learned Standing Counsel for the
Government appearing for the first respondent and
Mr.D.Sivaraman, learned Standing Counsel appearing for the
second respondent.
2.This Writ Appeal is directed against the order in W.P.
(MD)No.23911 of 2019 dated 29.06.2021.
3.The said writ petition was filed by the appellant challenging
the order passed by the Labour Court Kumbakonam, in C.P.No.6 of
2018 dated 07.12.2018 and for a consequential direction to the
Transport Corporation to pay pension to the appellant at the rate of
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W.A.(MD)No.1444 of 2021
Rs.7,850/- per month which is fixed by the Government in
G.O.Ms.No.313 of 2017 dated 25.10.2017 from 01.05.1979 along
with interest and with future retirement benefits.
4.The learned Writ Court dismissed the writ petition at the
admission stage and confirmed the order passed by the labour
Court on the sole ground that the appellant employee had filed
W.P.No.15435 of 2015 for the very same relief and therefore, the
Labour Court is right in rejecting the computation petition.
5.We are unable to agree with the learned Writ Court in its
observation and finding for more than one reason. Firstly, the
Labour Court while dismissing C.P.No.6 of 2018, has noted the
submissions made in the counter affidavit filed by the Transport
Corporation. But the Labour Court has not rendered any finding on
the correctness of the stand taken in the counter statement by the
Transport Corporation, but rejected the claim petition solely on the
ground that W.P.No.15435 was filed by the appellant and pending
before the Principal Bench of this Court and the prayer sought for
in the writ petition is identical.
6.We have perused the prayer sought for and we find that the
prayer is not identical, as the appellant has sought for a innocuous
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W.A.(MD)No.1444 of 2021
relief to consider his 32 years of service as Fitter in the Transport
Corporation and grant pension and other benefits. Whereas, the
petition before the Labour Court was filed under Section 33-C (2) of
the Industrial Disputes Act, 1947 and the Labour Court was to
decide as to whether the said computation petition was sustainable
in law and the Labour Court could not have rejected the
computation petition, solely on the ground that a writ petition is
pending before the Principal Bench which is only for an innocuous
relief of considering the appellants case for grant of pension.
7.Therefore, we are of the view that the Writ Court
committed an error in confirming the order passed by the Labour
Court. Taking note of the fact that the computation petition was
filed in the year 2018, we are inclined to issue appropriate
directions, so that the petition be taken up by the Labour Court for
adjudication and an order be passed on merits.
8.In the result, the Writ Appeal is allowed and the order
passed in the Writ Petition is set aside and consequently, the writ
petition is allowed and the order passed in C.P.No.6 of 2018 by the
Labour Court, Kumbakonam is set aside and C.P.No.6 of 2018 is
restored to the file of the Labour Court with a request to the
Labour Court to expeditiously take up the matter by giving priority,
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W.A.(MD)No.1444 of 2021
since the claim petition is of the year 2018 and decide the claim
petition on merits and in accordance with law. However, there shall
be no order as to costs.
[T.S.S., J.] & [S.A.I., J.]
22.07.2021
Index : Yes / No
Internet: Yes / No
MR
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.
To
1.The Commissioner and Secretary,
Government of Tamil Nadu,
Transport Department,
Fort St. George,
Chennai - 600 009.
2.The Managing Director,
Tamil Nadu State Transport Corporation Limited,
Kumbakonam Division,
Kumbakonam - 612 001.
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W.A.(MD)No.1444 of 2021
T.S.SIVAGNANAM., J.
and
S.ANANTHI., J.
MR
JUDGMENT MADE IN
W.A.(MD)No.1444 of 2021
22.07.2021
https://www.mhc.tn.gov.in/judis/
