The Tamil Nadu State Transport vs S.Shanmugam
2022 Latest Caselaw 9270 Mad

                                                                            W.A(MD)No.392 of 2022


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 29.04.2022

                                                       CORAM:

                                    THE HONOURABLE MR.JUSTICE PARESH UPADHYAY
                                                       and
                                     THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

                                                W.A(MD)No.392 of 2022
                                              C.M.P.(MD) No. 3975 of 2022

                     1.The Tamil Nadu State Transport
                       Corporation (Madurai) Limited,
                       Rep. by its Managing Director,
                       Madurai Region, Bye-Pass Road,
                       Madurai.

                     2.The General Manager,
                       The Tamil Nadu State Transport
                       Corporation (Madurai) Limited,
                       Madurai Region, Bye – Pass Road,
                       Madurai.                                                   .. Appellants

                                                          Vs

                     S.Shanmugam                                                 .. Respondent

                              Writ Appeal filed under Clause 15 of the Letters Patent
                     against the order dated 29.04.2021 made in W.P.(MD) no. 7794 of
                     2021.

                                  For Appellant     : Mr.J.Senthil Kumaraiah

                                                       JUDGMENT

[Delivered by PARESH UPADHYAY, J.]

1. Challenge in this appeal is made to the order

dated 29.04.2021 recorded on W.P.(MD) No. 7794 of 2021. This

appeal is by the respondent management.

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W.A(MD)No.392 of 2022

2. Learned advocate for the appellant has submitted

that, the relief granted by learned Single Judge in the facts of the

case is unsustainable and therefore indulgence be shown. It is

further submitted that, no fault could be attributed to the appellant

management for late implementation of the award of the Labour

Court and therefore the benefit, more particularly of retirement

benefit is unsustainable. It is submitted that this appeal be

entertained.

3. Holding the brief - while making above

submissions, learned advocate for the appellant - as an officer of

the Court has in all fairness drawn the the attention of this Court to

the decision of the Division Bench of this Court in the case of

Management of TNSTC v. The Special Deputy Commissioner,

reported in (2022) 2-LLJ-112.

4. Having heard learned advocate for the appellant and

having considered the material on record this Court finds that, the

reinstatement of the workman has already attained finality and that

was not the subject matter of the writ petition being W.P.(MD) No.

7794 of 2021. It is the workman, who had approached this Court

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W.A(MD)No.392 of 2022

with the grievance that, though the award of the Labour Court had

attained finality the period taken by the management in

implementing the reinstatement twice, reference to which made in

para 2 of the order under challenge, could not have operated

against the workman. This contention of the workman is rightly

accepted by learned Single Judge and consequential relief is

granted. We find that, the order of learned Single Judge in no away

can be said to be erroneous and therefore no interference is

required.

5. Additionally, the relief granted by learned Single Judge

would also be on the line of the view expressed by the Division

Bench in the case noted above. In totality we find that this appeal

needs to be dismissed.

6. For the above reasons, this appeal is dismissed. No

costs. Consequently, connected miscellaneous petition would not

survive.

                                                                          (P.U., J)   (R.V., J)
                                                                               29.04.2022
                     Index        : No
                     sj/31

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

W.A(MD)No.392 of 2022

PARESH UPADHYAY, J.

and R.VIJAYAKUMAR, J.

sj

W.A(MD)No.392 of 2022

29.04.2022

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