Madras High Court
G.Anbalagan vs The Management Of Tamilnadu on 24 August, 2023
W.A.(MD)No.1262 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.08.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)No.1262 of 2013
G.Anbalagan ...Appellant
/Vs./
The Management of Tamilnadu
State Transport Corporation (Kumbakonm) Ltd.,
Trichy Region,
Rep. by its General Manager,
Trichy. ...Respondent
PRAYER:- Writ Appeal - filed under Clause XV of Letters Patent Act, to
set aside the order passed in W.P.(MD)No.15512 of 2012 dated
22.10.2013 on the file of this Court.
For Appellant : Ms.Kavitha
for Mr.G.M.Xavier
For Respondent : Mr.L.Jeen Felix
1/6
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W.A.(MD)No.1262 of 2013
JUDGMENT
(Judgment of the Court was made by DR.ANITA SUMANTH, J.)
The writ petitioner is the appellant in this appeal. A mandamus
had been sought by the writ petitioner, a permanent driver with the Tamil
Nadu State Transport Corporation, (Kumbakonm) Ltd., Trichy Region,
for permitting him to join duty, providing him training, treating the
period from 03.09.2012 to the date of allowing him to join duty as his
duty period and paying him all benefits including wages.
2. The vehicle driven by the writ petitioner had been involved
in an accident with a two wheeler resulting in the demise of the person
travelling pillion in the two wheeler. A case had been registered on the
file of the Kallakudi Police Station in Crime No.181 of 2012 under
Sections 279, 337 and 304(A) of IPC as against the rider of the two
wheeler.
3. The writ petitioner was suspended on 12.06.2012, which
suspension came to be revoked on 12.07.2012. In the order of
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W.A.(MD)No.1262 of 2013
revocation, he was directed to undergo training for 30 days in the driving
school and thereafter for 30 days in Road Transport Corporation.
4. The writ petitioner admittedly did not report for duty and
claimed to have availed medical leave. The fact remains that the writ
petitioner did not report for duty till 03.09.2012. He had not undergone
training, ostensibly for the reason that he could not meet the cost of the
training, which was a sum of Rs.550/-.
5. At the instance of this Court, the writ petitioner was
permitted to undergo stimulator training and this Court has recorded in
order dated 22.10.2013 that the writ petitioner had undergone training
and had paid the amount of Rs.550/- for the same. As regards any other
relief, the writ petitioner was directed to work out his remedies before the
Labour Court in terms of the applicable provisions of the Industrial
Disputes Act, 1947. The writ petitioner admittedly has not approached
the authorities and has instead chosen to file this writ appeal.
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W.A.(MD)No.1262 of 2013
6. Before us, the narration of events as placed before the Writ
Court and recorded in order dated 22.10.2013, is reiterated. Reliance is
placed on the decision of this Court dated 31.10.2011 in WP(MD)No.
10778 of 2010 in V.John Lawrenso vs. The Management of Tamil Nadu
State Transport Corporation (Kumbakonam) Ltd., Rep. by it General
Manager, Trichy Region, Trichy in support of the prayer in the writ
petition.
7. We find the facts of the matter in the case of V.John
Lawrenso supra to be distinguishable from those in the present case. In
that case, the bus driven by the writ petitioner had been involved in an
accident. Though that petitioner had reported for duty, he had been
denied employment. Thus it was not a case of absence from duty, as in
the case of the writ petitioner before us.
8. In the present case, the fact that the writ petitioner had
reported for duty only on 03.09.2012 and had not undergone stimulator
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W.A.(MD)No.1262 of 2013
training, is admitted. It is only at the instance of the Court, that the writ
petitioner underwent the training at all.
9. Thus, we find that the case of V.John Lawrenso does not
advance the case of the appellant. This Writ Appeal is thus dismissed
with no order as to costs.
[A.S.M.J.,] & [R.V.J.,]
24.08.2023
NCC :Yes/No
Index :Yes/No
Internet :Yes
sm
TO:
1.The Special Deputy Commissioner of Labour,
O/o. Commissioner of Labour,
Chennai – 600 006.
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1262 of 2013
DR.ANITA SUMANTH, J.
AND
R.VIJAYAKUMAR, J.
sm
Judgment made in
W.A.(MD)No.1262 of 2013
Dated:
24.08.2023
https://www.mhc.tn.gov.in/judis
