The Management vs P.Manjula
2021 Latest Caselaw 21446 Mad

                                                          1

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED: 26.10.2021

                                                        Coram

                                     The Hon'ble Mr. Justice PARESH UPADHYAY
                                                          and
                              The Hon'ble Mr. Justice SATHI KUMAR SUKUMARA KURUP

                                                W.A.No.2721 of 2021
                                             and C.M.P.No.17728 of 2021

                     The Management,
                     Tamil Nadu State Transport Corporation Ltd.,
                     (Kumbakonam Division 2),
                     Periyamilaguparai,
                     Tiruchirapalli District.                               ..Appellant

                                                          Vs

                     A.Rajendran (deceased)

                     1.P.Manjula
                     2.R.Surya
                     3.R.Manikandan
                     4.R.Sathya

                     5.The Presiding Officer,
                       Labour Court,
                       Tiruchirapalli.                                      ..Respondents

                     (Respondents 1 to 4 are substituted as
                      LRs of the deceased respondent vide
                      order dated 09.04.2019 made in
                      W.M.P.No.11204 of 2019 in
                      W.P.No.1701 of 2004)


                               Appeal preferred under Clause XV of Letters Patent against the

                     order dated 01.04.2021 made in W.P.No.1701 of 2004.



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                                    For Appellant    ..    Mr.D.Venkatachalam



                                                      JUDGMENT

(Delivered by PARESH UPADHYAY, J.)

Challenge in this appeal is made to the order passed by learned

single Judge dated 01 April 2021 in W.P.No.1701 of 2004.

2. Learned advocate for the appellant has submitted that there

are errors in the impugned order passed, since no relief could have

been granted on the face of the proved misconduct. It is submitted

that this appeal be entertained.

3. Having heard the learned advocate for the appellant and

having considered the material on record, more particularly, the

reasons recorded by learned single Judge, we find that the dismissal of

the workman (Conductor of State Road Transport Corporation) was

without any evidence, in the view of learned single Judge – the finding,

which we are not inclined to interfere.

4. So far as moulding of relief is concerned, since the workman

has died during the proceedings, learned single Judge has moulded the

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relief of awarding lumpsum compensation quantified at Rs.4 lakhs. We

do not see any reason to interfere in that quantum either.

5. For the above reasons, this writ appeal is dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

(P.U.J.,) (S.S.K.J.,) 26.10.2021 Index:Yes/No mmi/12

To

The Presiding Officer, Labour Court, Tiruchirapalli.

https://www.mhc.tn.gov.in/judis/

PARESH UPADHYAY, J.

and SATHI KUMAR SUKUMARA KURUP, J.

mmi

W.A.No.2721 of 2021

26.10.2021

https://www.mhc.tn.gov.in/judis/