Madras High Court
P.Ravichandran vs The General Manager on 30 July, 2021
W.A.(MD)No.1088 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.07.2021
CORAM :
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The HON'BLE MR.JUSTICE T.S.SIVAGNANAM
W.A.(MD) No.1088 of 2021
P.Ravichandran .. Appellant/Writ Petitioner
Vs
1.The General Manager
Tamil Nadu State Transport Corporation
Kumbakonam Ltd.,
Kumbakonam,
Tanjore District.
2.The Assistant Manager
(Disciplinary Proceedings)
Tamil Nadu State Transport Corporation
Kumbakonam Ltd.,
Pudukottai Region,
Pudukottai District.
3.The Enquiry Officer
Tamil Nadu State Transport Corporation
Kumbakonam Ltd.,
Pudukottai Region,
Pudukottai District. ... Respondents/Respondents
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W.A.(MD)No.1088 of 2021
PRAYER: Appeal under Clause 15 of the Letters Patent Act, against the
order dated 27.11.2020, passed in W.P.(MD).No.8851 of 2015
For Appellant : Mr.T.R.Jeyapalam
For Respondents : Mr.D.Sivaraman,
Standing Counsel for TNSTC
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
The appellant is the writ petitioner who challenged an order of
punishment dated 31.03.2015 passed by the respondent Transport
Corporation for having caused a fatal accident. Learned Single Bench,
by the order impugned, dismissed the writ petition holding that the
petitioner has to approach the Labour Court as the alternative remedy
is an effective remedy.
2. We find that learned Single Bench has referred to an earlier
decision in W.P.(MD) No.10416 of 2009, which may not be of much
relevance to the case on hand. Admittedly, disputed question of facts
are involved and whether the order of punishment was justified or not
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https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1088 of 2021
needs to be adjudicated, which cannot be done in a summary
proceedings based on affidavits in a petition under Article 226 of the
Constitution. Therefore, to that extent, we agree with the findings of
learned Single Bench in directing the appellant to approach the Labour
Court.
3. Accordingly, we dispose of this appeal by giving liberty to the
appellant to approach the concerned Labour Court and if the appellant
does so within a month from the date of receipt of a copy of this
judgment and order, the respondent Transport Corporation shall not
raise the ground of limitation that the claim petition has been filed
belatedly.
4. W.A.No.1088 of 2021 disposed of. There will be no order as to
costs.
(S.B., CJ.) (T.S.S., J.)
30.07.2021
Index : Yes/No
Internet : Yes/No
MNR
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https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1088 of 2021
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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https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1088 of 2021
THE HON'BLE CHIEF JUSTICE
and
T.S.SIVAGNANAM, J.
MNR
W.A.(MD) No.1088 of 2021
30.07.2021
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https://www.mhc.tn.gov.in/judis/
