V.M.Velu vs The Management
2022 Latest Caselaw 6696 Mad

                                                                               W.A.No.1233 of 2021



                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED:    31.03.2022

                                                          CORAM :

                          THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                            AND
                                  THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY


                                                  W.A.No.1233 of 2021

                     V.M.Velu                                             ..   Appellant

                                                            Vs.

                     The Management
                     Tamil Nadu State Transport Corporation
                       Villupuram Ltd.
                     Kanchipuram Region
                     Ponnerikarai
                     Bangalore National Highway
                     Kancheepuram.                                        ..   Respondent


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

                     order dated 08.03.2021 in W.P.No.5902 of 2021.


                                      For the Appellant      :    Mr.S.Ayyathurai
                                                                  For Mr.S.Pushpakaran

                                      For the Respondents    :    Mr.Saravana Kumar




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https://www.mhc.tn.gov.in/judis
                                                                                W.A.No.1233 of 2021



                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

In this writ appeal, a challenge is made to the order of the

learned Single Judge dated 08.03.2021.

2. The writ petition was filed by the Management of the State

Transport Corporation challenging the award of the Labour Court.

The learned Single Judge interfered with the award of the Labour

Court finding it to be a non speaking order. Despite marking of 33

documents produced by the appellant as Exhibits W1 to W33, no

discussion was made in reference to them. Taking note of the

aforesaid, the learned Single Judge set aside the award of the

Labour Court. A direction was given to the Labour Court to complete

the proceedings within a period of three months from the date of

receipt of a copy of that order.

3. The challenge to the order has been made by the employee

taking into consideration the period spent in the intervening period.

At one stage, in view of the proposal of the Management to reinstate

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https://www.mhc.tn.gov.in/judis W.A.No.1233 of 2021

the appellant without backwages, we persuaded the parties to find

out the possibility of settlement of the dispute with reinstatement

and continuity of service and consequential benefits other than

backwages. Accordingly, the parties have taken the instructions.

4. So far as learned counsel for the appellant is concerned, he

submits that the appellant would forgo the backwages till the

passing of the award or till the date of filing of the writ petition by

the Management, whereas learned counsel for the Management is

willing to reinstate the appellant provided he forgoes backwages till

20th April 2022.

5. Both the parties have accordingly agreed on reinstatement

with continuity of service. The dispute remains with regard to the

period of denial of backwages. We again persuaded the parties and

they have agreed for reinstatement of the appellant with effect from

1st January 2022 with the consequential benefits from the aforesaid

date.

6. In view of the above, the appellant would now be reinstated

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https://www.mhc.tn.gov.in/judis W.A.No.1233 of 2021

in service from 4th April 2022. He will report to duty before the

General Manager, Kancheepuram Division, who will accept the

joining of the appellant. The permission to enter the office would be

given to the appellant and in case of any difficulty, learned counsel

for the appellant is permitted to make a mention before the Court

on 5th April 2022 itself, so that reinstatement of the appellant is not

delayed.

7. The award of the Labour Court and the order of the learned

Single Judge are modified to the effect that the order challenged

before the Labour Court would not have effect on the appellant and

that the appellant is entitled to reinstatement with the benefit of

continuity of service and consequential benefits other than

backwages from 1st January 2022. There will be no order as to

costs. CMP Nos.7856 and 19161 of 2021 are closed.

                                                                   (M.N.B., CJ.)      (D.B.C., J.)
                                                                              31.03.2022
                     kpl




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https://www.mhc.tn.gov.in/judis W.A.No.1233 of 2021

To

The Management Tamil Nadu State Transport Corporation Villupuram Ltd.

Kanchipuram Region Ponnerikarai Bangalore National Highway Kancheepuram.

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https://www.mhc.tn.gov.in/judis W.A.No.1233 of 2021

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

kpl

W.A.No.1233 of 2021

31.03.2022

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