M.Dinakaran vs The Management
2022 Latest Caselaw 16308 Mad

                                                                        REV.APLC(MD) No.110 of 2022



                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT


                                               DATED : 13.10.2022

                                                     CORAM

                                   THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN
                                                     and
                                  THE HONOURABLE Mr.JUSTICE N.SATHISH KUMAR

                                          REV.APLC(MD) No.110 of 2022


                  M.Dinakaran                                      ... Applicant / Appellant

                                                        Vs

                  1.The Management
                    A876, Cumbum Urban Co-operative Society
                    Nehruji Street, Cumbum
                    Theni District - 625 516
                    The Metal Powder Company
                    Madurai District - 625 706.
                                                         ... Respondent /Writ Petitioner

                  2.The Presiding Officer
                    Labour Court, District Court Buildings
                    Melur Road, Madurai - 625 020.
                                                             .... Respondent / 1st Respondent

                  Prayer : Review Application filed under Order 47 Rules 1 & 2 r/w. Section 114
                  of CPC, praying to review the order dated 06.04.2022 passed in W.A(MD) No.
                  450 of 2011.




                 1/4
https://www.mhc.tn.gov.in/judis
                                                                           REV.APLC(MD) No.110 of 2022



                                  For Applicant    : Mr.T.Ravichandran


                                                        ORDER

[Order of the Court was made by R.SUBRAMANIAN.J] (Through Video Conferencing)

The applicant seeks review of our judgment dated 06.04.2022 made in

W.A(MD) No.450 of 2011.

2. Mr.T.Ravichandran, learned counsel appearing for the applicant would

submit that after having recorded that the punishment is disproportionate to the

proven delinquency, we have modified it into one as a compulsory retirement

which is almost equal to dismissal and therefore, the judgment in W.A(MD) No.

450 of 2011 needs to be reviewed.

3. We are unable to countenance the submissions of the learned counsel

for the applicant. We have not found that the applicant was not guilty of any

dereliction of duty. We have recorded the finding that the appellant has failed to

bring the misdeeds of the Secretary to the notice of the higher-ups, which by

itself would be a delinquency. Since we felt that the punishment of dismissal

https://www.mhc.tn.gov.in/judis REV.APLC(MD) No.110 of 2022

was disproportionate, instead of adopting normal course of remitting the matter

to the employer, taking into account the fact that the applicant has reached the

age of superannuation, we have modified the punishment to one as compulsory

retirement, so that the petitioner would be entitled to all monetary benefits as he

would be entitled to on his compulsory retirement. The learned counsel attempts

now to re-argue the appeal which, we do not think, could be allowed in a review

application.

4. We do not see any error on the face of the record and hence, the review

application fails and it is accordingly dismissed. No costs.

                                                                              [RSMJ]      [NSKJ]
                                                                                  13.10.2022
                  Index : Yes / No

Speaking order / Non-speaking order ds

To:

The Presiding Officer Labour Court, District Court Buildings Melur Road, Madurai - 625 020.

https://www.mhc.tn.gov.in/judis REV.APLC(MD) No.110 of 2022

R.SUBRAMANIAN. J., and N.SATHISH KUMAR.J.,

ds

REV.APLC(MD) No.110 of 2022

13.10.2022

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