Madras High Court
The Management vs T.Soundrapandian on 22 June, 2023
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 22.06.2023
CORAM
THE HONOURABLE MR. JUSTICE V. LAKSHMINARAYANAN
W.P.No. 24848 of 2014
And
W.P.Nos. 1 and 2 of 2015
The Management,
Tamil Nadu State Transport Corporation (Villupuram) Ltd.,
Kancheepuram Region
Kancheepuram
Represented by its General Manager ... Petitioner
..Vs..
1. T.Soundrapandian
2. The Special Joint Commissioner of Labour (Conciliation)
DMS Compound, Chennai. ... Respondents
PRAYER: Petition under Article 226 of the Constitution of India, praying
for the issue of a Writ of Certiorari to call for the records passed by the
second respondent in A.P.No. 160 of 2011 dated 16.05.2013 and quash the
same.
***
https://www.mhc.tn.gov.in/judis
2
For Petitioner :: Mr. M.Aswin
for M/s. P.Paramasiva Doss
For 1st Respondent :: Mr. S.Vardarjulu
ORDER
The Management is the writ petitioner. It challenges the order in
Approval Petition No. 160 of 2011 dated 16.05.2013.
2. The short facts leading to the case are the first
respondent/workman was charge sheeted with certain irregularities while
working as a conductor on 26.11.2009 in a bus belonging to the
Management. For the above said misconduct, the charge sheet was given on
04.12.2009 and after holding an enquiry, the first respondent was dismissed
from service on 01.06.2011. During the relevant time as there was
proceedings pending before the Conciliation Officer, necessity of filing an
Approval Petition arose and consequently, the said Petition was filed. As
recorded above, it was dismissed on 16.05.2013 and it has been challenged
before this Court.
https://www.mhc.tn.gov.in/judis
3. Pending the Writ Petition, the workman had retired from
service on 25.01.2016. Therefore, the question of reinstatement into service
of the first respondent does not arise.
4. The first respondent/workman has filed an affidavit before me
on 10th June 2023 stating as follows:-
“5. I submit that I am willing to give up
back wages for my entire non employment period if
continuity of service with other attendant benefits
are given to me. I am satisfied if pension is
sanctioned taking note of my entire service
including the non employment period. The
employer contribution to the pension Trust should
be paid by the respondent workman with interest.”
5. I have gone through the order rejecting the approval. The
learned authority has referred to the classic Judgment of Lalla Ram Vs.
DCM Chemical Works ( AIR 1978 (SC) 1004) and thereafter, come to the
conclusion as follows:-
https://www.mhc.tn.gov.in/judis
“g[fhh; rk;ge;jg;gl;l gazpfis epu;thfj;jug;g[
rhl;rpahf tprhupf;f eltof;if vJt[k; vLj;jjhft[k;
bjupa tpy;iy. g[fhu; rk;ge;jg;gl;l gazpfis
tprhupf;fhky; epu;thfj;jug;g[rhl;rpaj;ij itj;J kl;Lk;
vjpu;kDjhuh; Fw;wthsp vd tprhuiz my-tyu;
Kot[bra;jpUg;gJbewpnfhzpajhFk; vd Kot[
bra;fpnwd;. mjdog;gilapy; vjpu;kDjhuu; kPJ
vLf;fg;gl;l ntiy ePff
; eltof;if rl;lg;go
Vw;Wf;bfhs;sf;Toa rhl;rpfs; Kykhf
epUgpf;fg;gltpy;iybad Kot[ bra;ag;gLfpwJ.”
6. This is a correct appreciation of evidence on the basis of the
records. I do not find any illegality or irregularities. The authority has
correctly applied the principles of law as laid down in Lalla Ram's case and
has come to the conclusion that the domestic enquiry has not been
conducted in accordance with law. It does not specify the five requirements
laid down by the Supreme Court and therefore, necessarily this Writ Petition
has to be dismissed.
7. While dismissing the Writ Petition, the affidavit filed by the
first respondent/workman is taken on file. It is made clear that the first
respondent/workman will not be entitled to any back wages. The first
respondent/workman will also pay the employer contribution to the pension
https://www.mhc.tn.gov.in/judis
trust together with interest if any that may be called for by the trust. He
shall only be entitled to continuity of service and other attendant benefits.
8. The petitioner / Management is entitled to adjust the
contribution which the employee has agreed to pay from his terminal
benefits. The said exercise shall be completed within a period of 12 weeks
from the date of receipt of a copy of this order.
9. With the above direction, this Writ Petition stands dismissed.
No costs. Consequently, connected Miscellaneous Petitions are closed.
21.06.2023
vsg
Index: Yes/No
Internet: Yes/No
Speaking / Non Speaking Order
To
The Presiding Officer
II Additional Labour Court
High Court Buildings
Chennai 600 104.
https://www.mhc.tn.gov.in/judis
V. LAKSHMINARAYANAN, J.,
vsg
W.P.No. 24848 of 2014
And
W.P.Nos. 1 and 2 of 2015
22.06.2023
https://www.mhc.tn.gov.in/judis
