The Management vs P.Dhanaraj
2022 Latest Caselaw 14471 Mad

                                                                                       W.A.No.1609 of 2022

                                          IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                        DATED: 12.08.2022

                                                               CORAM :

                                  THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                                AND
                                                 THE HON'BLE MRS.JUSTICE N.MALA
                                                        W.A.No.1609 of 2022

                     The Management
                     Tamil Nadu State Transport
                       Corporation (Kumbakonam) Limited
                     Trichy-620 001.                                     ...    Appellant

                                  Vs

                     1.P.Dhanaraj

                     2.The Special Joint Commissioner
                         of Labour, Chennai.                      ...    Respondents

                     Prayer: Appeal filed under Clause 15 of the Letters Patent Act against the order

                     dated 30.07.2021 in WP No.31429 of 2018.



                                  For the Appellant        :      Mr.D.Venkatachalam


                                  For the Respondents      :      Mr.M.Rajasekar
                                                                  for the first respondent




                                                           JUDGMENT

https://www.mhc.tn.gov.in/judis W.A.No.1609 of 2022

(Judgment of the Court was delivered by the Hon'ble Chief Justice)

The writ appeal has been filed to challenge the order dated 30.07.2021

in WP No.31429 of 2018 wherein the writ petition was disposed of with a

direction to the Tamil Nadu State Transport Corporation to reinstate the

employee and treat him to be permanent employee with continuity in service and

other attendant benefits, while depriving the benefit of back wages.

2. The facts on record show that an approval application moved by the

Corporation under Section 33(2)(b) of the I.D. Act was dismissed by the

authority. A challenge to the aforesaid was made by the Corporation mainly on

the ground that without analysing the fact that witnesses were properly

examined and charge was found proved, the authority refused to grant approval.

Learned Single Judge should have adjudicated the issue as to whether the order

of the authority is proper or not but without deciding the said issue, the Court

passed the order to direct the Corporation to reinstate the employee who has

agreed to forego backwages if he is reinstated, without deciding the issues

raised by the Corporation to challenge the order of the authority.

3. The learned counsel for the employee could not contest the appeal

https://www.mhc.tn.gov.in/judis W.A.No.1609 of 2022

seriously for the reason that learned single Judge has not adjudicated the issues

raised by the Corporation for the challenge to the order of the authority.

4. Accordingly, both the parties have agreed for remand of the matter

back to the Writ Court so that it may be examined and decided afresh by the

learned Single Judge.

5. In view of the above, the order dated 30.07.2021 in WP No.31429 of

2018 is set aside with remand of the case to the learned single Bench for

deciding the writ petition afresh. The writ appeal is disposed of accordingly.

There will be no order as to costs. Consequently, C.M.P.Nos.13301, 13304 and

10728 of 2022 are closed.

(M.N.B., CJ.) (N.M., J.) 12.08.2022 Index : Yes/No tar

To

The Special Joint Commissioner of Labour, Chennai.

https://www.mhc.tn.gov.in/judis W.A.No.1609 of 2022

M.N.Bhandari, CJ.

and N.Mala, J.

(tar)

W.A.No.1609 of 2022

12.08.2022

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