Madras High Court
The Management vs The Special Joint Commissioner Of ... on 16 September, 2022
W.P(MD)No.4142 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.09.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.4142 of 2022
and
W.M.P.(MD)No.3555 of 2022
The Management,
Tamil Nadu State Transport Corporation Madurai Ltd.,
Rep by its General Manager,
Dindigul Region, Bye Pass Road,
District Collector Office Post,
Dindigul – 624 004. ... Petitioner
Vs
1.The Special Joint Commissioner of Labour,
O/o. Commissioner of Labour,
Chennai – 600 006.
2.J.Velmurugan ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorari, to call for the records relating to
the impugned order dated 01.10.2021 passed by the 1st respondent in AP No.77
of 2021 as illegal an quash the same.
For Petitioner : Mr.J.Senthil Kumaraiah
For Respondents : Mr.A.K.Manikkam,
Special Government Pleader.
Mr.S.Saravanan for R2.
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W.P(MD)No.4142 of 2022
ORDER
Heard the learned counsel for the writ petitioner/Management, the
learned Special Government Pleader for the first respondent and the learned
counsel for the second respondent/employee.
2.The second respondent herein joined in the writ petitioner corporation
as Conductor in the year 2019. He had allegedly indulged in acts of
misappropriation while discharging his duty. He was dismissed from service on
26.02.2021. Thereafter, the Management filed approval petition No.77 of 2021
under Section 33(2)(b) of Industrial Disputes Act before the first respondent.
By the impugned order dated 01.10.2021, the first respondent declined to grant
approval. Challenging the same, the present writ petition has been filed.
3.The learned standing counsel for the Management draws my attention
to the decision of the Hon'ble Supreme Court reported in (2019) 18 SCC 47
(John D'Souza Vs. Karnataka State Road Transport Corporation). Paragraph
No.30 of the said judgment reads as follows:-
“30. This Court in the above cited decisions has, in no
uncertain terms, divided the scope of enquiry by the Labour
Court/Tribunal while exercising jurisdiction under Section 33(2)(b) in
two phases. Firstly, the Labour Court/Tribunal will consider as to
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W.P(MD)No.4142 of 2022
whether or not a prima facie case for discharge or dismissal is made
out on the basis of the domestic enquiry if such enquiry does not suffer
from any defect, namely, it has not been held in violation of principles
of natural justice and the conclusion arrived at by the employer is
bona fide or that there was no unfair labour practice or victimisation
of the workman. This entire exercise has to be undertaken by the
Labour Court/Tribunal on examination of the record of enquiry and
nothing more. In the event where no defect is detected, the approval
must follow. The second stage comes when the Labour Court/Tribunal
finds that the domestic enquiry suffers from one or the other legal ailment.
In that case, the Labour Court/Tribunal shall permit the parties to adduce
their respective evidence and on appraisal thereof the Labour
Court/Tribunal shall permit the parties to adduce their respective evidence
and on appraisal thereof the Labour Court/Tribunal shall conclude its
enquiry whether the discharge or any other punishment including dismissal
was justified. That is the precise ratio – decendi of the decisions of this
Court in (i) Punjab National Bank, (ii) Mysore Steel Works Pvt. Ltd. and
(iii) Lalla Ram’s cases (supra).”
4.Applying the aforesaid ratio, I hold that the first respondent ought to
have given opportunity to the petitioner herein to adduce evidence. Since such
an opportunity was denied and straightaway the rejection order was passed, I
quash the same. The matter is remitted to the file of the first respondent.
Opportunity as contemplated above shall be given to the Management. Till the
final order is passed by the first respondent, the Management shall continue to
pay Section 17(b) wages to the second respondent herein.
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W.P(MD)No.4142 of 2022
G.R.SWAMINATHAN, J.
ias
5.The writ petition is allowed of on these terms. No costs.
Consequently, connected miscellaneous petition is closed.
16.09.2022
Index : Yes / No
Internet : Yes/ No
ias
To:-
The Special Joint Commissioner of Labour,
O/o. Commissioner of Labour,
Chennai – 600 006.
W.P(MD)No.4142 of 2022
16.09.2022
(1/2)
https://www.mhc.tn.gov.in/judis
