Madras High Court
The Management vs The Special Deputy Commissioner ... on 30 July, 2021
W.P.No.32770 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.07.2021
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.32770 of 2015
and MP.No.1 of 2015
The Management
Tamil Nadu State Transport Corporation
(Kumbakonam) Ltd.,
27, Pugaivandi Nillai New Salai,
Kumbakonam 612 001
Rep. by its
General Manager ... Petitioner
-vs-
1. The Special Deputy Commissioner of Labour
DMS Compound, Chennai.
2. V.Sarnathan ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India praying
for the issuance of a Writ of Certiorari to call for the records of the order
passed by the 1st respondent in A.P.No.495 of 2011 dated 27.06.2013 and to
quash the same as illegal.
For Petitioner : Mr.D.Venkatachalam
For R2 : Mr.V.Ajay Khose
*****
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W.P.No.32770 of 2015
ORDER
This Writ Petition has been filed, challenging the order dated
27.06.2013 passed by the 1st respondent in A.P.No.495 of 2011, in and by
which the order of dismissal passed by the Petitioner/Management was
refused to be approved.
2. Heard the learned counsel on either side and perused the material
documents available on record.
3. The Authority rejected the Approval Petition filed by the Petitioner /
Management in A.P.No.495 of 2011 on the ground that the domestic enquiry
was not conducted properly and was not in accordance with the principles of
natural justice and that, there is victimization.
4. Once the domestic enquiry has been held to be not fair and proper, it
is open to the Employer to adduce fresh evidence in the light of the judgment
of the Apex Court in the case of Workmen of Fire Stone Tyre Rubber
Company v. Management, reported in 1973 (1) LLJ 78 (equivalent (1973) 1
SCC 813, provided there is a plea taken by the Management in the counter
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W.P.No.32770 of 2015
affidavit that they must be given an opportunity to let in evidence. The Apex
Court in a recent judgment in the case of John D'Souza vs. Karnataka State
Road Transport Corporation, reported in (2019) 18 SCC 47, which has been
followed by this Court in the case of Management, Tamil Nadu State
Transport Corporation (Villupuram) Limited, Kancheepuram Region,
Kancheepuram vs. M.Chitti Babu (deceased) and others, reported in 2021-
I-LLJ-17 (Mad), reiterated that once the domestic enquiry is vitiated, the
employer must be given an opportunity to establish the charges. In Shankar
Chakravarti vs. Britannia Biscuit Co. Ltd. and others, reported in (1979) 3
SCC 371, the Apex Court held that there is no need for the Labour Court or
Tribunal to remind the Management as to what they should do.
5. It is brought to the notice of this Court that the employee in this case
has already attained the age of superannuation. That apart, even assuming
that the finding of victimisation is going to be answered in favour of the
employee, as the employee did not seek any evidence to establish the
charges, the decision of the Authority in rejecting the Approval Petition is
perfectly valid. Hence, I find that there is no reason whatsoever to interfere
with the order of the Authority concerned.
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W.P.No.32770 of 2015
S.VAIDYANATHAN, J.
dpq
6. In the result, this Writ petition is dismissed. Since the order passed
by the Authority in rejecting the Approval Petition has been upheld, the
Employee / 2nd Respondent is deemed to be in service in the light of the
judgment rendered by this Court in the case of Tata Iron and Steel
Company Ltd., vs. G.Ramakrishnan Ayyar, reported in 1950 LLJ 1043 and
he is entitled to wages from the date of rejection of the Approval Petition.
The Petitioner / Management / Employer is directed to settle the entire
terminal benefits, due to the Employee, within a period of four (4) months
from the date of receipt of a copy of this order. No costs. Consequently
connected miscellaneous petition is also closed.
30.07.2021
dpq
Index: Yes/No
Speaking order / Non speaking order
To:
The Special Deputy Commissioner of Labour
DMS Compound,
Chennai.
W.P.No.32770 of 2015
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