Madras High Court
The General Manager vs The Presiding Officer on 21 August, 2023
W.P.Nos.24933 of 2007 and 410 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.08.2023
CORAM
HONOURABLE MRS JUSTICE N. MALA
WP.Nos. 24933 of 2007 and 410 of 2008
W.P.No.24933 of 2007
The General Manager,
Tamil Nadu State Transport Corporation,
Coimbatore Division-I Ltd,
37, Mettupalayam Road,
Coimbatore- 641 043.
...Petitioner
Vs
1. The Presiding Officer,
Labour Court,
Coimbatore.
2. M.Soundararajan T.No.14132,
Conductor,
Tamil Nadu State Transport Corporation,
Mettupalayam- Branch,
Coimbatore-Division-I.
...Respondents
Prayer in W.P.No.24933 of 2007 : Writ Petition is filed under Article 226
of the Constitution of India to issue a Writ of Certiorari, calling for the
records relating to ID.No.236 of 2002 dated 27.06.2006 on the file of the
1st respondent and quash the same.
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W.P.Nos.24933 of 2007 and 410 of 2008
For Petitioner : Mr.T.Chandrasekaran
For Respondents : R1- Court
R2- Mr.P.Solomon
W.P.No.410 of 2008:
M.Soundararajan ...Petitioner
Vs
1. The Presiding Officer,
Labour Court,
Coimbatore.
2. The General Manager,
Tamil Nadu State Transport Corporation,
Coimbatore Division-I,
37, Mettupalayam Road,
Coimbatore- 641 043. ...Respondents
Prayer in W.P.No.410 of 2007: Writ Petition is filed under Article 226 of
the Constitution of India to issue a Writ of Certiorarified Mandamus, call
for the records of the 1st respondent pertaining to the award dated
27.06.2006 passed in I.D.No.236/2002 and quash the award in so far as
the denial of backwages alone and consequently direct the 2nd respondent
management to reinstate the petitioner with full backwages and other
attendant benefits with continuity of service.
For Petitioner : Mr.P.Solomon
For Respondents : R1- Court
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https://www.mhc.tn.gov.in/judis R2- Mr.T.Chandrasekaran
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W.P.Nos.24933 of 2007 and 410 of 2008
COMMON ORDER
W.P.No.24933 of 2007 is filed challenging the award dated
27.06.2006 of the Labour Court in I.D.No.236 of 2010 directing the
petitioner to reinstate the respondent with continuity of service but
without any other relief.
2. The learned counsel for the petitioner on written instruction
submits that, during the pendency of the writ petition, the respondent
was reinstated on 20.01.2007 without prejudice to the challenge made to
the award in W.P.No.24933 of 2007. The learned counsel further submits
that the respondent remained absent un-authorisedly from 12.05.2011
and thereafter he was removed from service. The respondent was
superannuated on 28.02.2018 on attaining 58 years of age. The counsel
therefore submits that nothing further remains to be adjudicated in the
writ petition.
3. Recording the submissions made by the learned counsel for the
writ petitioner, writ petition in W.P.No.24933 of 2007 is dismissed. As
nothing survives for adjudication.
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W.P.Nos.24933 of 2007 and 410 of 2008
4. W.P.410 of 2008 is filed by the workman challenging the award
of the Labour Court, in so far as the denial of backwages and other
attendant benefits is concerned. It is seen that the Labour Court after
considering the entire evidence on record and the fact that the petitioner
was punished on 14 earlier occasions for misconduct of un-authorised
absence concluded that the petitioner was not entitled to the relief of
backwages and other attendant benefits.
5. It is pertinent to note here that even in the writ affidavit, the
petitioner has not stated anything about his non-employment. There is
no evidence on the side of the petitioner to show that he was not
gainfully employed during the period of non employment. It is further
seen that the petitioner joined service on reinstatement on 20.01.2007
without any whisper regarding backwages. It is trite that award of
backwages is not automatic on reinstatement. Useful reference in this
regard is made to the Judgment of this Court in the case of Ramesh Chand
vs. Management of Delhi Transport Corporation reported in 2023 SCC
Online SC 776. I therefore, see no reason to interfere with the order
passed by the Labour Court and hence the same is confirmed.
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W.P.Nos.24933 of 2007 and 410 of 2008
In the result, W.P.No.410 of 2008 is dismissed. There shall be no
order as to costs in both the writ petitions.
21.08.2023
Index:Yes/No
Speaking Order: Yes/No
Neutral Citation: Yes/No
dsn
To
1.The Presiding Officer,
Labour Court,
Coimbatore.
2. The General Manager,
Tamil Nadu State Transport Corporation,
Coimbatore Division-I,
37, Mettupalayam Road,
Coimbatore- 641 043.
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W.P.Nos.24933 of 2007 and 410 of 2008
N.MALA,J.
dsn
W.P.Nos.24933 of 2007 and 410 of 2008
21.08.2023
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