Madras High Court
The Management vs The General Secretary on 8 November, 2021
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.11.2021
Coram
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice SATHI KUMAR SUKUMARA KURUP
W.A.No.2758 of 2021
and
C.M.P.No.18108 of 2021
The Management,
Metropolitan Transport Corporation,
Chennai Division,
Pallavan Salai, Pallavan Illam,
Chennai – 2. ..Appellant
Vs
The General Secretary,
State Transport Employees Union,
Regn. No.73 MDS (CITU),
No.2, Pallavan Salai,
Kalaiaranga Valagam,
Chennai – 2. ..Respondent
Appeal preferred under Clause 15 of Letters Patent against the
order dated 02.11.2020 made in W.P.No.33968 of 2019.
For Appellant .. Mr.M.Chidambaram
JUDGMENT
(Delivered by PARESH UPADHYAY, J.)
Challenge in this appeal is made by the Management of the
Metropolitan Transport Corporation, Chennai Division to the order
http://www.judis.nic.in
passed by learned single Judge dated 02 November 2020 in
W.P. No.33968 of 2019. It is noted that the order dated 02.11.2020 is
common qua W.P. Nos.33967, 33968 and 33971 of 2019 and this writ
appeal is qua the order insofar as it pertains to W.P. No.33968 of
2019.
2. Learned advocate for the appellant/ management has
submitted that refusal by this Court to entertain the writ petition
challenging the award of the labour Court would lead to difficulties for
the management to maintain discipline. It is submitted that the labour
Court reduced the punishment from 'postponement of annual
increment with cumulative effect for six months' to 'postponement of
annual increment with cumulative effect for three months', which is
great injustice to the management, which learned single Judge ought
to have taken care of. It is submitted that this appeal be entertained.
3. Having heard the learned advocate for the appellant and
having considered the material on record this Court finds as under:
3.1. The concerned workman, whose case was represented by
the Union is a Tradesman. Management had imposed punishment of
http://www.judis.nic.in
postponement of annual increment with cumulative effect for six
months. This led to an industrial dispute which was registered as
I.D.No.255 of 2017. The same was adjudicated by the Principal Labour
Court at Chennai vide order dated 09.07.2019. After hearing the
parties and considering the totality, the labour Court passed an award
as under:
“In the result, the order passed by the
respondent dated 08.10.2012 awarding the
punishment of postponement of annual increment
for six months with cumulative effect to the
Tradesman Mr.B.Arivazhagan is set aside and
modified as follows:
(1)The punishment of 6 months of stoppage of
increment is reduced and fixed to 3 months with
cumulative effect.
(2)The respondent Corporation is directed to remit
back the amount already withheld by it on
implementation of the impugned order with
cumulative effect for three months to the
Tradesman Mr.B.Arivazhagan within 30 days from
the date of publication of award failing which the
respondent would be liable to pay interest @ 12%
per annum on the above amount.”
http://www.judis.nic.in
3.2. The above was challenged by the management in
W.P.No.33968 of 2019. Learned single Judge has declined to interfere
in the award of the Labour Court.
3.3. We have gone through the reasons recorded by learned
single Judge. On overall consideration of the matter, in the view of
learned single Judge, the exercise of powers by the labour Court to the
extent of modifying the award of the labour court from postponement
of annual increment for a period of six months to postponement
thereof for a period of three months is not such, which warranted any
interference. We find that, refusal to interfere in the award of the
labour Court in this case, can not be said to be any error, which may
call for any interference in an intra-court appeal.
4. For the above reasons, this writ appeal is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
(P.U.J.,) (S.S.K.J.,)
08.11.2021
Index:Yes/No
mmi/3
http://www.judis.nic.in
PARESH UPADHYAY, J.
and
SATHI KUMAR SUKUMARA KURUP, J.
mmi
W.A.No.2758 of 2021
08.11.2021
http://www.judis.nic.in
