Madras High Court
The General Manager vs The Presiding Officer on 1 February, 2023
W.P.No.31303 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2023
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.P.No.31303 of 2014
And
M.P.No.1 of 2014
The General Manager,
Tamilnadu State Transport Corporation
(Villupuram) Ltd.,
Villupuram – 605 602. ... Petitioner
Vs.
1.The Presiding Officer,
Labour Court,
Cuddalore.
2.B.Suburayan ... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to
issue a Writ of Certiorari to call for the records relating to the order
dated 22.08.2011 in I.D.No.19 of 2004 on the file of the Labour Court,
Cuddalore and quash the same as illegal.
For Petitioner : Mr.M.Aswin
For Respondents : R1 - Court
Mr.K.Arunagiri for R2
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.31303 of 2014
ORDER
The petitioner has filed this writ petition seeking issuance of Writ
of Certiorari to call for the records relating to the order dated
22.08.2011 in I.D.No.19 of 2004 on the file of the Labour Court,
Cuddalore and to quash the same as illegal.
2.The case of the petitioner is that the second respondent joined
the service as casual labour in the petitioner Corporation and
thereafter he was stopped from duty. Aggrieved by the same, the
second respondent filed W.P.No.19114 of 2000 before this Court and
this Court vide order dated 06.03.2003 directed the petitioner
Corporation to consider the second respondent's application for making
him a permanent employee. Thereafter, the petitioner Corporation
vide order dated 02.06.2003, rejected the second respondent's
application. Aggrieved by the same, the second respondent raised
industrial disputes in I.D.No.19 of 2011 before the first respondent,
pursuant to which, the impugned order was passed. Hence this writ
petition.
3.The learned counsel for the petitioner submitted that the
second respondent was not appointed by the General Manager of the
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W.P.No.31303 of 2014
Corporation who is the appointing Authority. The second respondent
was only a casual labour and he did not work for 240 days in a year
continuously and hence, the impugned order directing the petitioner
Corporation to reinstate the second respondent with continuity of
service but without backwages and other benefits is not sustainable
one.
4.The learned counsel appearing for the second respondent
submitted that the second respondent worked as Cashier in the
Petitioner Corporation from 30.06.1996 and from 30.04.1997, he
worked as Conductor and thereafter worked as Time Keeper from
11.10.1999, however, without any notice he was dismissed from
service on 20.09.2000 and hence, the second respondent worked 240
days in a year continuously for three years.
5.The learned counsel appearing for the second respondent
further submitted that the writ petition filed by the petitioner
Corporation as against similarly situated person in W.P.No.28521 of
2012 (The Management of Tamil Nadu State Transport Corporation
(Villupuram) Limited, Villupuram Region Vs. 1.The Presiding Officer,
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W.P.No.31303 of 2014
Labour Court, Cuddalore, 2.K.Rajaram) for the very same relief was
dismissed by this Court on 18.10.2012 and challenging the same, the
petitioner Corporation filed W.A.No.895 of 2016 and the said appeal
was dismissed by the Hon'ble Division Bench of this Court on
14.10.2019 (Common Judgment in W.A.Nos.892 to 897 of 2016).
6.Heard both sides and perused the materials available on
record.
7.Perusal of records disclose that before the second respondent
was removed from service no notice was given to him, which is in
violation of principles of natural justice. Further, the writ petition filed
by the petitioner Corporation as against similarly situated person in
W.P.No.28521 of 2012 was dismissed by this Court on 18.10.2012 and
the appeal filed in W.A.No.895 of 2016 as against the said order was
dismissed by the Hon'ble Division Bench of this Court on 14.10.2019.
The petitioner also stand in the same footing. Hence, the impugned
order warrants no interference by this Court.
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W.P.No.31303 of 2014
8.The writ petition is accordingly dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
01.02.2023
pri
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
To
1.The Presiding Officer,
Labour Court, Cuddalore.
https://www.mhc.tn.gov.in/judis
W.P.No.31303 of 2014
J.NISHA BANU,J.
pri
W.P.No.31303 of 2014
And
M.P.No.1 of 2014
01.02.2023
https://www.mhc.tn.gov.in/judis
