Madras High Court
The Management vs The General Secretary on 5 January, 2022
W.A.No.3070 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.01.2022
CORAM
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice SATHI KUMAR SUKUMARA KURUP
W.A.No.3070 of 2021
and
C.M.P.No.21225 of 2021
The Management,
Metropolitan Transport Corporation (Chennai) Ltd.,
Pallavan Illam, Anna Salai,
Chennai – 600 002. .. Appellant
Vs
The General Secretary,
State Transport Employees Union,
Regn. No.73/MDS (CITU),
No.2, Pallavan Salai,
Kalaiaranga Valagam,
Chennai – 600 002. ..Respondent
Appeal preferred under Clause 15 of Letters Patent against the
order dated 02.11.2020 made in W.P.No.33971 of 2019.
For Appellant : Mr.M.Chidambaram
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.A.No.3070 of 2021
JUDGMENT
(Made by PARESH UPADHYAY, J.)
Challenge in the appeal is made to the order dated 02 November
2020 recorded on W.P.No.33971 of 2019. It is noted that the
impugned order is common qua three Writ Petitions being
W.P.Nos.33967, 33968 and 33971 of 2019, however this appeal is qua
Writ Petition No.33971 of 2019.
2. Learned advocate for the appellant / management has
submitted that the respondent / workman had committed serious
misconduct and therefore the punishment was imposed by the
appellant / management and the Labour Court ought not to have
interfered with. It is submitted that since the Labour Court passed
award interfering with the said punishment, the Writ Petition filed by
the Management ought to have been allowed by the learned Single
Judge. It is submitted that dismissal of the Writ Petition needs
interference by this Court in this appeal. It is submitted that this
appeal be entertained.
https://www.mhc.tn.gov.in/judis
W.A.No.3070 of 2021
3. Having heard the learned advocates for the appellant and
having considered the material on record, this Court finds that though
serious misconduct is alleged by the appellant / management,
ultimately the punishment imposed was withholding of increments for
six months. It is this punishment which the Labour Court found that
was unjustified, because according to Labour Court the charge against
the workman was not proved. On the basis of this satisfaction, the
Labour Court set aside the said punishment. Whether the award
passed by the Labour Court interfering in the punishment which was
withholding of increments for six months would call for filing of Writ
Petition or not, is also an issue. Be that as it may, such a petition was
filed by the Management. Learned Single Judge has also, on the basis
of the material on record arrived at the satisfaction that no
interference is required in the award passed by the Labour Court. On
reading the order of the learned Single Judge, we find that by not
interfering in the award passed by the Labour Court, learned Single
Judge can not be said to have committed any error which may call for
interference in an intra-court appeal. This appeal therefore needs to
be dismissed.
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W.A.No.3070 of 2021
4. For the above reasons, this appeal is dismissed accordingly.
No costs. Civil Miscellaneous Petition would not survive.
(P.U., J) (S.S.K., J)
05.01.2022
Index:Yes/No
srm/40
To
The General Secretary,
State Transport Employees Union,
Regn. No.73/MDS (CITU),
No.2, Pallavan Salai,
Kalaiaranga Valagam,
Chennai – 600 002.
https://www.mhc.tn.gov.in/judis
W.A.No.3070 of 2021
PARESH UPADHYAY, J.
and
SATHI KUMAR SUKUMARA KURUP, J.
srm
W.A.No.3070 of 2021
05.01.2022
https://www.mhc.tn.gov.in/judis
