Madras High Court
The Management vs 4 Lavanya on 27 June, 2023
W.A. No.1435 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.06.2023
CORAM:
THE HON'BLE MR. JUSTICE S. VAIDYANATHAN
AND
THE HON'BLE MR. JUSTICE K. RAJASEKAR
W.A. No. 1435 of 2023 and C.M.P. No.13936 of 2023
The Management
Tamil Nadu State Transport Corporation (VPM) Ltd.
Kancheepuram Region
Ponnerikarai
Bangalore Highways Appellant
v
1 The Special Joint Commissioner of Labour
DMS Compound
Chennai
G. Vasantha Raj (deceased)
2 Geetha
3 Divya
4 Lavanya Respondents
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W.A. No.1435 of 2023
Writ Appeal challenging the order dated 06.06.2022 in
W.P.No.12857 of 2022.
For appellant M/s. S. Pavithra
For R1 Mrs. C. Sangamithirai
Special Government Pleader
JUDGMENT
This writ appeal has been preferred challenging the order dated
06.06.2022 passed by a Single Bench in W.P.No.12857 of 2022, confirming
the order of the Assistant Commissioner of Labour (Conciliation), the first
respondent herein, rejecting the approval petition in A.P. No.322 of 2013
filed by the appellant management, vide order dated 17.07.2017.
2 The respondents 2 to 4 are the legal heirs of one Vasantharaj
(since deceased) who joined as Driver in the appellant Transport
Corporation on 16.04.1988. He was issued with a charge memo dated
08.02.2010 for remaining absent on two spells, each spell spanning over
more than eight days, without obtaining prior permission. Subsequently,
disciplinary proceedings was initiated against him, which eventually resulted
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W.A. No.1435 of 2023
in his dismissal from service vide order dated 19.12.2013, following which,
the appellant Transport Corporation filed an approval petition before the
first respondent authority, which was rejected vide order dated 17.07.2017.
Thereagainst, the appellant Transport Corporation preferred a writ petition
being W.P. No.12857 of 2022, which came to be dismissed by a Single
Bench vide order dated 06.06.2022 as stated in the preceding paragraph, on
the solitary ground of delay and laches following the ratio laid down in Ex
Capt. Harish Uppal v Union of India1, S. Vaidhyanathan v Government
of Tamil Nadu2, Karnataka Power Corporation Ltd. v K. Thangappan3
and CMWSSB v T.T.Murali Babu4, wherein, it has been consistently held
that parties should pursue their rights and remedies with promptitude and
should not sleep over their rights like Rip Van Winkle.
3 In the instant case, the approval petition was rejected by the
first respondent authority on 17.07.2017, whereas, the writ petition
challenging the said order of rejection was filed by the appellant Transport
1 (1994) Supp. (2) SCC 195
2 (2018) SCC OnLine Mad 11643
3 (2006) 4 SCC 322
4 (2014) 4 SCC 108
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W.A. No.1435 of 2023
Corporation only in the year 2022, i.e., after a lapse of five years and there
was no satisfactory explanation in the affidavit filed in support of the writ
petition for the inordinate delay in filing the writ petition. In our considered
view, the Single Bench was correct in dismising the writ petition on the
ground of delay and laches.
In the upshot, this writ appeal is dismissed sans costs. Connected
C.M.P. is closed.
(S.V.N.J.) (K.R.S., J.)
27.06.2023
cad
To
1 The Management
Tamil Nadu State Transport Corporation (VPM) Ltd.
Kancheepuram Region
Ponnerikarai
Bangalore Highways
2 The Special Joint Commissioner of Labour
DMS Compound
Chennai
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W.A. No.1435 of 2023
S. VAIDYANATHAN, J.
and
K. RAJASEKAR, J.
cad
W.A. No. 1435 of 2023
27.06.2023
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