Madras High Court
The Management vs The Presiding Officer on 22 June, 2021
W.A.No.1646 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2021
CORAM
THE HON'BLE MR.JUSTICE M.M.SUNDRESH
and
THE HON'BLE MS.JUSTICE R.N.MANJULA
W.A.No.1646 of 2018
C.M.P.No.13280 of 2018
The Management,
Metropolitan Transport Corporation,
Pallavan Salai, Chennai-600 002. .. Appellant
Vs
1.The Presiding Officer,
I Additional Labour court,
Chennai-600 104.
2.K.Veeraswamy .. Respondents
Appeal filed under Clause 15 of Letters Patent against the order
dated 22.03.2018 made in W.P.No.9361 of 2009.
For Appellants : Mr.K.Moorthy
For Respondents : Mr.K.M.Ramesh for R2
R1 - Court
JUDGMENT
(Delivered by M.M.SUNDRESH, J.)
This appeal has been preferred by the appellant against the
order of the learned single Judge, who after taking note of the findings
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W.A.No.1646 of 2018
of the Labour Court, concurred with it and dismissed the writ petition
filed.
2.The second respondent-employee is the Driver of the
appellant. He met with an accident while returning after completion of
his day's work in a Metropolitan Transport Corporation bus. The
charge against him was one of unauthorised absence.
3.Before the Enquiry Officer, the second respondent has
produced adequate documents to show that he was taking treatment
as an inpatient pursuant to the abovesaid accident. The Enquiry
Officer held that the charges are proved. The Disciplinary Authority
concurred with it and imposed the punishment of dismissal from
service. On a dispute raised by the second respondent-employee, the
Labour Court set aside the order of dismissal inter alia holding that the
numerous documents not disputed as could be seen under Ex.M9
indicating the nature of treatment undertaken by the second
respondent as in-patient in the hospital pursuant to the accident
occurred have not been given due credence. The learned single Judge
took note of the abovesaid factum and dismissed the writ petition.
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W.A.No.1646 of 2018
4.Mr.K.Moorthy, learned counsel appearing for the appellant
submitted that the second respondent has not informed about the
treatment taken. There was prior occurrence involving the
respondent. Therefore, the award as confirmed by the learned single
Judge would require interference.
5.Mr.K.M.Ramesh, learned counsel appearing for the second
respondent-employee submitted that the accident took place while the
second respondent was travelling in the Metropolitan Transport
Corporation bus. Thus, nothing can be attributed for the accident to
the second respondent. In such view of the matter, all his past
conduct cannot be taken into consideration. The documents filed
were not denied or disputed. They have been taken note of duly by
the Labour Court and the learned single Judge.
6.The power of the judicial review over the award of the Labour
Court while invoking Article 226 of the Constitution of India is rather
limited. The Court is concerned with the process than the assessment
of materials. We need not reiterate the scope of Section 11-A of the
Industrial Disputes Act. The Labour Court, in our considered view,
correctly held that the documents produced by the second respondent
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W.A.No.1646 of 2018
have not been taken into consideration. The charge is one of
unauthorised absence and not that of not duly intimating the
appellant. As rightly submitted by Mr.K.M.Ramesh, learned counsel for
the second respondent, the occurrence do not have any rationale to
the case on hand. The second respondent does not have any role in
the accident as he was only a passenger travelling in the bus.
7.In such view of the matter, we do not find any error warranting
interference. The writ appeal stands dismissed. No costs.
Consequently, connected civil miscellaneous petition is closed.
(M.M.S., J.) (R.N.M., J.)
22.06.2021
Index:Yes/No
raa/mmi
To
The Presiding Officer,
I Additional Labour court,
Chennai-600 104.
https://www.mhc.tn.gov.in/judis/
W.A.No.1646 of 2018
M.M.SUNDRESH, J.
and
R.N.MANJULA,J.
mmi
W.A.No.1646 of 2018
22.06.2021
https://www.mhc.tn.gov.in/judis/
