The Managing Director vs The Presiding Officer
2022 Latest Caselaw 17665 Mad

                                                                          W.P.(MD)No.5843 of 2014



                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 16.11.2022

                                                     CORAM

                                  THE HONOURABLE MRS.JUSTICE S.SRIMATHY

                                             W.P.(MD)No.5843 of 2014,
                                              M.P.(MD)No.1 of 2014
                                                      and
                                            W.M.P.(MD)No.12492 of 2016
                 The Managing Director,
                 Tamil Nadu State Transport Corporation
                  (Kumbakonam Division II) Limited,
                 Periyamilaguparai,
                 Tiruchirapalli.                                        ... Petitioner
                                                       vs.
                 1.The Presiding Officer,
                   Labour Court,
                   Tiruchirapalli.

                 2.A.Balakrishnan

                 3.The Secretary to Government,
                   Transport Department,
                   Fort St.George,
                   Chennai-600 009.                                     ... Respondents


                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Certiorari, to call for the records relating to the impugned


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https://www.mhc.tn.gov.in/judis
                                                                                   W.P.(MD)No.5843 of 2014



                 order passed by the 1st respondent herein, dated 25.07.2012, in I.D.No.213 of
                 2003 and to quash the same.
                                        For Petitioner      : Mr.D.Sivaraman
                                        For R1              : Labour Court
                                        For R2              : Mr.G.Purusothaman
                                        For R3              : M/s.D.Farjana Ghoushia
                                                              Special Government Pleader
                                                            *****

                                                          ORDER

This writ petition is filed for issuance of a writ of Certiorari, to call for the

records relating to the impugned order passed by the 1st respondent herein, dated

25.07.2012, in I.D.No.213 of 2003 and to quash the same.

2.The Labour Court has held that the enquiry was not conducted properly, a

fair opportunity was not granted to the delinquent. However, the Labour Court

has taken the judgment passed in M.C.O.P. and has come to the conclusion that

the delinquent has not committed the accident and there is no rash and negligent

driving. It is also seen from the order passed by the Labour Court that the

evidence was not properly appreciated. Since the Labour Court has held that the

deceased has dashed on the right side front step of the bus. There is no steps on

https://www.mhc.tn.gov.in/judis W.P.(MD)No.5843 of 2014

the right side of the bus. Therefore, evidence is perverse.

3.Therefore, this Court is of the considered opinion that the matter has to be

remitted back. Hence, the matter is remitted to the Labour Court. The parties are

at liberty to adduce the evidence and make additional evidence, if necessary.

After granting appropriate opportunity, the Labour Court is directed to decide the

issues raised by the petitioner as well as the 2 nd respondent. The said enquiry

shall be concluded within a period of two months from the date of receipt of a

copy of this order. The 2nd respondent is at liberty to seek 17(b) wages before the

Labour Court.

4.With the above said observation, the writ petition is disposed of. No

costs. Consequently, connected miscellaneous petitions are closed.

                 Index : Yes / No                                             16.11.2022
                 Internet : Yes

                 Tmg





https://www.mhc.tn.gov.in/judis
                                                  W.P.(MD)No.5843 of 2014




                 To

                 1.The Presiding Officer,
                   Labour Court,
                   Tiruchirapalli.

                 2.The Secretary to Government,
                   Transport Department,
                   Fort St.George,
                   Chennai-600 009.





https://www.mhc.tn.gov.in/judis
                                     W.P.(MD)No.5843 of 2014



                                          S.SRIMATHY, J
                                                       Tmg




                                  W.P.(MD)No.5843 of 2014




                                                16.11.2022





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