Madras High Court
State Express Transport ... vs P.Murali on 31 August, 2023
W.A.Nos.2023 and 2024 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2023
CORAM :
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HON'BLE MR.JUSTICE K.RAJASEKAR
W.A.Nos.2023 and 2024 of 2023
State Express Transport Corporation,
rep. by its Managing Director,
Pallavan Salai,
Chennai-600 002. .. Appellant in
both WAs
Vs
P.Murali .. Respondent in
WA.No.2023/2023
R.Sakthi .. Respondent in
WA.No.2024/2023
Prayer: Appeals under Clause 15 of the Letters Patent against the
common order dated 13.6.2022 passed by the learned Single Judge in
W.P.Nos.31330 and 31332 of 2019.
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For the Appellant : Mr.S.Silambanan
Addl. Advocate General
assisted by
Mr.L.S.M.Hasan Fizal
For the Respondents : Mr.D.Soundar Raj
COMMON JUDGMENT
(Delivered by S.Vaidyanathan, J.)
These appeals have been directed against the common order
dated 13.6.2022 passed by the learned Single Judge in
W.P.Nos.31330 and 31332 of 2019.
2. Today when these appeals are taken up for hearing,
learned counsel for the appellant/State Express Transport
Corporation has produced before us a communication dated
30.07.2023 addressed to the Additional Government Pleader, High
Court of Madras. The said communication dated 30.7.2023 reads
thus:
“With reference to the above letter cited, we wish
to inform the following instructions pertaining to
above writ appeal, since the case is hearing on
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W.A.Nos.2023 and 2024 of 2023
31.08.2023.
On 17.08.2023, submission of letter of the
individuals before the Hon'ble High Court of
Madras in respect of back wages, the Hon'ble High
Court, pronounced to pay back wages to the
individual with benefits from Feb'2021 onwards
with continuity of service and all the Attendant
Benefits.
We may accommodat the said P.Murali & R.Sakthi,
back into service as Non Technical Helper with pay
Band of Office Assistant without Back Wages upto
Jan 2021 with continuity of service and all other
attendant benefits.
Hence we request you to defend the case on
behalf of our Management.”
3. It appears that the employees/workmen have written a
letter on 23.01.2021 to the appellant Corporation to the effect that
they may be reinstated in service and they agree to give up the
backwages.
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W.A.Nos.2023 and 2024 of 2023
4. Learned counsel appearing for the respondents/workmen
would submit that the respondents may be given continuity of
service and all other attendant benefits and that it will be unfair on
the part of the Management to deprive the entire backwages on the
basis of the letter in January, 2021.
5. A reading of the communication dated 30.07.2023 of the
appellant Corporation would make it very clear that both the
employees concerned, namely P.Murali and R.Sakthi, would be
taken into service as Non Technical Helper with pay band of Office
Assistant without backwages up to January, 2021, but with
continuity of service and all other attendant benefits.
6. In view of the above, these appeals are disposed of with a
direction to the appellant Corporation to reinstate the respondents
on or before 15th September, 2023 without backwages up to
January, 2021, but with continuity of service and all other attendant
benefits. The arrears of backwages from February, 2021 till
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W.A.Nos.2023 and 2024 of 2023
31.08.2023 shall be paid within a period three months from the
date of receipt of a copy of this judgment. There will be no order as
to costs. Consequently, C.M.P.Nos.17183 and 17187 of 2023 are
closed.
(S.V.N., J.) (K.R.S., J.)
31.08.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
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W.A. Nos.2023 and 2024 of 2023
S. VAIDYANATHAN, J.
and
K. RAJASEKAR, J.
At the instance of the learned counsel for the appellant/Transport
Corporation, these writ appeals, which were disposed of vide a common
judgment dated 31.08.2023, are listed today under the caption “for being
mentioned”.
2 When these writ appeals were heard on 31.08.2023, the factum
of the orders dated 01.06.2022 passed by the Principal Labour Court,
Chennai, in C.P.No.197 of 2018 filed by Sakthi (respondent in W.A.
No.2024 of 2023) and C.P. No.198 of 2018, filed by Murali (respondent in
W.A. No.2023 of 2023), was not brought to the notice of this Court. The
said computation petitions were partly allowed by the Principal Labour
Court, Chennai, computing their salary from 01.11.2007 till the date of
filing of the said petitions, as Rs.30,60,954/-.
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W.A.Nos.2023 and 2024 of 2023
3 In view of the above, the Registry is directed to substitute the
following paragraph in place of paragraph 6 of the order dated 31.08.2023.
“6 In view of the above, these appeals are disposed
of with a direction to the appellant Transport Corporation to
reinstate the respondents on or before 25.09.2023 without
backwages upto January 2021, but, without continuity of
service and all other attendant benefits. Further, as the
respondents have given up backwages till January 2021, it is
made clear that they are not entitled to the benefit of the
order dated 01.06.2022 passed by the Principal Labour
Court, Chennai, in C.P. Nos.197 and 198 of 2018, except
continuity of service and all other attendant benefits, stated
supra. The arrears of backwages from February 2021 till
24.09.2023 shall be paid within a period of three months
from the date of receipt of a copy of this judgment. There
will be no order as to costs. Consequently, C.M.P.
Nos.17183 and 17187 of 2023 are closed.”
4 Further, it is represented by Mr. S. Silambanan, learned
Additional Advocate General-II that the communication addressed by the
appellant Transport Corporation to the learned Additional Government
Pleader referred to in paragraph nos.2 and 5 of the order dated 31.08.2023
passed by this Court is actually dated 30.08.2023 and not 30.07.2023.
(emphasis supplied)
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5 On a perusal of the said communication of the appellant, this
Court is convinced that the said communication should be dated only
30.08.2023, as submitted by the learned Additional Advocate General-II and
not 30.07.2023, as has been wrongly stated in the said communication.
(emphasis supplied)
6 In view of the above, the Registry is further directed to correct
the date, viz., 30.07.2023, mentioned in paragraph nos.2 and 5 of the order
dated 31.08.2023, as 30.08.2023. (emphasis supplied)
The Registry shall issue fresh order copy after carrying out the
aforesaid two corrections, as stated in paragraphs 3 and 6, supra.
(S.V.N., J.) (K.R.S., J.)
13.09.2023
Note to Office: Issue fresh order copy by 20.09.2023
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W.A.Nos.2023 and 2024 of 2023
S.VAIDYANATHAN, J.
and
K.RAJASEKAR, J.
bbr
W.A.Nos.2023 and 2024 of 2023
31.08.2023
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