Madras High Court
The Management Of Metropolitan vs D.Ponnurangan on 31 August, 2023
W.A.No.2181 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.No.2181 of 2023
The Management of Metropolitan
Transport Corporation Limited,
Pallavan Illan, Anna Salai,
Chennai-600 002. .. Appellant
Vs
1.D.Ponnurangan
2.The Presiding Officer,
III Additional Labour Court,
City Civil Court Annexure Buildings,
Chennai – 600 104. .. Respondents
Prayer: Appeal under Clause 15 of the Letters Patent against the
common order dated 09.12.2019 passed by the learned Single Judge
in W.P.No.13100 of 2016.
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W.A.No.2181 of 2023
For the Appellant : Mr.C.Gauthamaraj
For the Respondents : Mr.D.Veerasekharan
for respondent No.1
: R2 – Labour Court
COMMON JUDGMENT
(Delivered by S.Vaidyanathan, J.)
This appeal is directed against the order dated 9.12.2019
passed by the learned Single Judge in W.P.No.13100 of 2016.
2. On 22.8.2023, this Court had passed the following order:
“The workman, who was a Conductor in the
appellant Transport Corporation, was dismissed
from service on the ground that he was having
excess amount of Rs.13.10 in his cash bag by re-
selling the tickets pertaining to previous trips,
which is a serious misconduct as per the Certified
Standing Orders of the appellant Transport
Corporation.
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W.A.No.2181 of 2023
2 In the industrial dispute filed by the workman
challenging the dismissal order, the Labour Court
directed the Transport Corporation to give
backwages and all other attendant benefits to the
workman from the date of employment till the
date of superannuation and did not order
reinstatement since the workman had already
retired.
3 In the writ petition filed by the Transport
Corporation, the Single Bench modified the award
by directing the Transport Corporation to give
50% backwages and all other attendant benefits,
including terminal benefits, to the workman, from
02.03.2000 to 31.03.2004 and allowed the writ
petition in part.
4 Today, when this matter was taken up for
hearing, in the light of paragraph 8 of the award,
this Court suggested to the learned Standing
Counsel for the Transport Corporation to ascertain
as to whether the workman can be deprived of the
entire backwages and instead, be extended other
terminal benefits from the date of his entry into
service till the date of superannuation.
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W.A.No.2181 of 2023
Post on 29.08.2023 enabling Mr. Gauthamaraj,
learned Standing Counsel for the appellant
Transport Corporation, to get instructions.”
3. Today when the matter is taken up for hearing, learned
counsel appearing for the appellant Metropolitan Transport
Corporation submits that the Management is willing to extend the
terminal benefits to the employee from the date of his entry into
service till the date of superannuation, without any backwages. The
employee had the benefit of the award to the effect that the
Management should pay backwages and all other attendants
benefits from the date of joining till the date of superannuation.
Aggrieved by the said award, the writ petition was filed by the
Management and the learned Single Judge, taking into
consideration the totality of the circumstances, including the
pendency of the proceedings and also the fact that the employee
has raised a dispute only after a period of five years, deprived
backwages to the extent of 50%.
4. Learned counsel for the first respondent/workman would
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W.A.No.2181 of 2023
submit that even though the employee is willing to give up the
entire backwages, the terminal benefits and the provident fund
dues need to be paid in order to enable the employee to get better
pension.
5. Taking note of the submissions made by learned counsel for
the parties, more so, when the employer is willing to pay the
terminal benefits, in order to shorten the life of the litigation, we
modify the award of the Labour Court and the order of the learned
Single Judge by directing the Management to remit the provident
fund contribution of the employer and employee from the date of
entry into service till the date of superannuation after adjusting the
provident fund amount already remitted and pay the balance to the
Trust without interest within a period of eight weeks from the date
of receipt of a copy of this judgment.
6. We make it very clear that if the amount is not paid within
the stipulated time, the management will have to pay the amount
with interest. The employee is entitled to only the pensionary
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W.A.No.2181 of 2023
benefits and gratuity by taking into consideration the entire service
and the gratuity shall be released within a period of thirty days.
7. With the above observation, the writ appeal is disposed of.
There will be no order as to costs. Consequently, C.M.P.No.18701
of 2023 is closed.
(S.V.N., J.) (K.R.S., J.)
31.08.2023
Index : Yes/No
Neutral Citation : Yes/No
bbr
To
The Presiding Officer,
III Additional Labour Court,
City Civil Court Annexure Buildings,
Chennai – 600 104.
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W.A.No.2181 of 2023
S.VAIDYANATHAN, J.
and
K.RAJASEKAR, J.
bbr
W.A.No.2181 of 2023
31.08.2023
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