Madras High Court
The Management Of Tamil Nadu State ... vs V.Sivananthan on 8 March, 2021
W.A.(MD)Nos.35 to 38, 40 to 42, 44 to 46,
48 to 58, 60 to 62, 64 to 68, 70, 72 to 74,
278, 281 to 283 and 285 to 287 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 08.03.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.35 to 38, 40 to 42, 44 to 46,
48 to 58, 60 to 62, 64 to 68, 70, 72 to 74, 278, 281 to 283 and
285 to 287 of 2020
and
C.M.P.(MD)Nos.472, 473 & 475, 489 & 490, 493 & 494, 497 & 499, 500 &
501, 502 & 503, 507 & 508, 511 & 512, 514 & 515, 520 & 522, 524 & 525,
526 & 527, 528 & 529, 531 & 533, 534 & 535, 539 & 541, 546 & 548,
550 & 551, 553 & 555, 560 & 561, 568 & 569, 570 & 572, 575 & 576,
559 & 590, 562 & 563, 566 & 567, 571 & 573, 577 & 578, 581 & 582,
584 & 585, 586 & 587, 588 & 589, 1988 & 1995, 1996 & 1997, 2002 & 2003,
2004 & 2005, 2016, 2017 & 2018 and 2021 & 2022 of 2020
W.A.(MD)No.35 of 2020:-
The Management of Tamil Nadu State Transport
Corporation (Madurai) Limited,
Virudhunagar Region,
Rep. by its General Manager,
Virudhunagar. ... Appellant
Vs.
1.V.Sivananthan
2.V.Sivaram
3.A.Chinnathambi
4.M.Karuppaiya
5.C.Sonal
6.D.Ramesh Kannan
http://www.judis.nic.in
1/7
W.A.(MD)Nos.35 to 38, 40 to 42, 44 to 46,
48 to 58, 60 to 62, 64 to 68, 70, 72 to 74,
278, 281 to 283 and 285 to 287 of 2020
7.M.Balakrishnan
8.M.Palanichamy
9.S.Karthigai Raja
10.A.Sivabalan
11.S.Vijayakumar
12.M.Ramachandran
13.I.Paulraj
14.M.Karuppachamy
15.P.Irulappan
16.V.Balamurugan
17.M.Karuppachamy
18.K.Chinnamari
19.L.Nallathambi
20.B.Veerachamy
21.I.Cheliyan
22.S.Chandran
23.S.Palaneeswaran
24.J.Muniyasamy
25.N.Jeyabaskaran
26.M.Vairamuthu
27.P.Vannamuthu
28.P.Malaithurai
29.P.Lingaraj
30.P.Ganesan
31.R.Perumalchamy
32.M.Jeyaswaran
33.V.Anburaj
34.M.Lingam
35.K.Sivasubramanian .... Respondents
Appeal filed under Clause 15 of the Letters Patent, against the order
passed by this Court in W.P.(MD)No.14443 of 2012, dated 29.04.2019.
For Appellant : Mr.D.Sivaraman
For Respondents : Mr.S.Arunachalam
*****
http://www.judis.nic.in
W.A.(MD)Nos.35 to 38, 40 to 42, 44 to 46,
48 to 58, 60 to 62, 64 to 68, 70, 72 to 74,
278, 281 to 283 and 285 to 287 of 2020
COMMON JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
In view of the commonality of the issue involved, all the Writ Appeals
are taken up together and disposed of by way of this common judgment.
2.We have heard the learned counsel appearing for the parties and
perused the enormous documents filed.
3.The respondents herein consist of 27 Conductors and 9 Drivers.
They were recruited during the ban period as Conductors and Drivers
respectively, by posting them on daily wages through causal appointments.
After lifting the ban period, they were continued with their employment. A
decision was taken to stop them from working. Aggrieved by the said decision,
they raised Industrial Disputes before the Labour Court, Madurai.
4.Common Awards were passed on 26.07.2012, directing the
appellant to provide them duty by engaging them on daily wages, while giving
priority in future vacancies by relaxing the conditions, including the
appointment through Employment Exchange. One candidate, by name,
D.Velumayil was recruited through the Employment Exchange Sponsorship.
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W.A.(MD)Nos.35 to 38, 40 to 42, 44 to 46,
48 to 58, 60 to 62, 64 to 68, 70, 72 to 74,
278, 281 to 283 and 285 to 287 of 2020
5.Before the learned Single Judge, Writ Petitions have been filed by
the appellant and the workmen. The workmen sought for two reliefs, namely,
giving effect to the award of the Labour Court and seeking additional relief
declined to them. By a common order, the learned Single Judge dismissed the
writ petitions filed by the appellant while allowing the writ petitions filed by the
workmen. Aggrieved over the same, these writ appeals are filed.
6.Pending the writ appeals, a settlement under Section 18(1) of the
Industrial Disputes Act, 1947 has been arrived at between the parties.
Accordingly, a Government Order in G.O.(Ms)No.130, Transport (C1)
Department, dated 02.11.2020, was passed. The following is the operative
portion of the said Government Order:-
''11.The Government after careful examination, have decided
to accept the proposal of the Managing Director, Tamil Nadu State
Transport Corporation (Madurai) Limited as recommended by Board of
Directors of Tamil Nadu State Transport Corporation (Madurai) Limited
in its 250th and 257th board meetings and accordingly direct the
Managing Director, Tamil Nadu State Transport Corporation (Madurai)
Limited to reinstate the 26 Conductors and 9 Drivers (totally 35
members) by relaxing the G.O.(Ms)No.790, Labour Department, dated
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W.A.(MD)Nos.35 to 38, 40 to 42, 44 to 46,
48 to 58, 60 to 62, 64 to 68, 70, 72 to 74,
278, 281 to 283 and 285 to 287 of 2020
05.07.1971, subject to the outcome of Writ Appeal Nos.36 to 38, 40 to
62, 64 to 68, 70 and 72 to 74 / 2020 filed by the Tamil Nadu State
Transport Corporation (Madurai) Limited. Accordingly, the
Government issues following directions to Managing Director, Tamil
Nadu State Transport Corporation (Madurai) Limited, Madurai.
(i) Reinstate Nine (9) Drivers and Twenty Six (26)
Conductors of Virudhunagar Region of the Corporation as stated above
and confirm their services with effect from 23.09.2008 without any
back wage payment for the period from the date of confirmation till the
date of order of reinstatement after entering into a settlement under
Section 18(1) of the Industrial Disputes Act, 1947.
(ii) Sanction settlement benefits from the date of confirmation
till the date of order of reinstatement for fixing their basic pay and to
take into account their services only from the date of order of
reinstatement for giving review benefits.
(iii) to pay Provident Fund Contributions for the period from
the date of confirmation till the date of order of reinstatement to the
above 9 Drivers and 26 Conductors.
(iv) the period from the date of confirmation till the date of
order of reinstatement may be considered as eligible service for
payment of Gratuity at the time of their exit from the service.
12.This order issues with the concurrence of the Finance
(BPE) Department vide its U.O.No.28494/Fin(BPE)/2020, dated
03.09.2020.''
http://www.judis.nic.in
W.A.(MD)Nos.35 to 38, 40 to 42, 44 to 46,
48 to 58, 60 to 62, 64 to 68, 70, 72 to 74,
278, 281 to 283 and 285 to 287 of 2020
7.In view of the aforesaid factual position, all the Writ Appeals stand
disposed of by recording the settlement entered into between the appellant and
respondents/workmen under Section 18(1) of the Industrial Disputes Act, 1947,
followed by the Government Order in G.O.(Ms)No.130, Transport (C1)
Department, dated 02.11.2020, which has been given effect to through the
various orders passed by the appellant giving appointment, dated 19.02.2021.
No costs. Consequently, connected Miscellaneous Petitions are closed.
Index :Yes/No [M.M.S., J.] [S.A.I., J.]
Internet :Yes 08.03.2021
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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.
http://www.judis.nic.in
W.A.(MD)Nos.35 to 38, 40 to 42, 44 to 46,
48 to 58, 60 to 62, 64 to 68, 70, 72 to 74,
278, 281 to 283 and 285 to 287 of 2020
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
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Common Judgment in
W.A.(MD)Nos.35 to 38, 40 to 42, 44 to 46, 48 to 58, 60 to 62,
64 to 68, 70, 72 to 74, 278, 281 to 283 and 285 to 287 of 2020
08.03.2021
http://www.judis.nic.in
