The Managing Director vs K.Ganesan
2022 Latest Caselaw 14995 Mad

                                                                          W.A.No.2018 of 2022



                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED:        07.09.2022

                                                    CORAM :

                        THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE
                                                       AND
                                        THE HON'BLE MRS.JUSTICE N.MALA


                                           Writ Appeal No.2018 of 2022


                     The Managing Director,
                     Metropolitan Transport Corporation (Chennai) Ltd.,
                     Pallavan Illam, Anna Salai,
                     Chennai-600 002.                                     .. Appellant


                                                       Vs


                     1.K.Ganesan

                     2.The Special Deputy Commissioner of Labour,
                       D.M.s. Complex, IV Floor,
                       Teynampet, Chennai-600 006.                        .. Respondent

                     Prayer : Writ Appeal filed under Clause 15 of the Letters Patent
                     against the order dated 21.10.2021 passed in W.P.No.18929 of 2016.




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                     Page 1 of 4


https://www.mhc.tn.gov.in/judis
                                                                                W.A.No.2018 of 2022



                                      For the Appellant        : Mr.M.Chidambaram

                                      For the Respondents      : Mr.K.Malaikannu
                                                                 for respondent No.1

                                                         JUDGMENT

(Delivered by the Hon'ble Chief Justice)

The writ appeal has been filed to challenge the order dated

21.10.2021, whereby the writ petition preferred by the

Management to challenge the order of the authority under Section

33(2)(b) of the Industrial Disputes Act, 1947 [for short, "the Act of

1947"] was dismissed.

2. The application was dismissed for the reason that after

passing an order of termination from service on 27.12.2007, the

approval application was filed on 23.02.2013 while it has to be filed

simultaneously. In view of the above, we do not find any error in

the order of the learned Single Judge, as the approval application

was filed against the mandate of law.

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https://www.mhc.tn.gov.in/judis W.A.No.2018 of 2022

3. The approval application has to be filed simultaneously with

the issuance of the order of termination subject to the compliance

of tendering/payment of notice pay. If it is filed belatedly, it cannot

be said to be a simultaneous action and, in the present case, the

approval application has been filed after a lapse of five years.

4. Finding no merit in the appeal, the same is dismissed.

There will be no order as to costs. Consequently, C.M.P.No.15142

of 2022 is closed.

                                                                  (M.N.B., CJ.)     (N.M., J.)
                                                                         07.09.2022
                     Index : Yes/No
                     bbr

                     To

The Special Deputy Commissioner of Labour, D.M.s. Complex, IV Floor, Teynampet, Chennai-600 006.

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https://www.mhc.tn.gov.in/judis W.A.No.2018 of 2022

THE HON'BLE CHIEF JUSTICE AND N.MALA,J.

bbr

Writ Appeal No.2018 of 2022

07.09.2022

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