Madras High Court
The Executive Engineer vs M.Sakthivel (E.Code No.9465) on 28 March, 2023
W.A.(MD)No.350 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A.(MD)No.350 of 2023
and
CMP(MD)No.3800 of 2023
The Executive Engineer,
Tamil Nadu Water Supply and Drainage Board,
Maintenance Division, Ramnad. : Appellant
Vs.
M.Sakthivel (E.Code No.9465)
Maintenance Assistant,
S/o Muthukaruppan
Anumandhankudi Post,
Sooriyan Kudiyeruppu,
Devakottai Taluk,
Sivagangai District. : Respondent/Respondent
PRAYER: Writ Appeal is filed under Clause 15 of Letters Patent to set aside the
order dated 24.01.2023 in W.P(MD)No.10212 of 2020.
For Appellant : Mr.Veerakathiravan
Additional Advocate General assisted by
Mr.B.Vijay Karthikeyan
Standing Counsel
For Respondent : Mr.S.Arunachalam
1/4
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.350 of 2023
JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
The Writ Court has refused to interfere with the award of the Labour
Court on the ground that the employer has not chosen to place materials before
the Labour Court regarding the fairness of the enquiry conducted. In paragraph
9 of the order of the Writ Court, it has observed as follows:-
“9. The fact remains that the petitioner Board has
conducted enquiry by appointing the Enquiry Officer and
thereby, arrived at a conclusion that the Educational Certificate
produced by the respondent/workman is a bogus one. Therefore,
the petitioner Board ought to have submitted the report of the
Enquiry Officer as well as the relevant documents before the
Labour Court so as to enable the Labour Court to arrive at a
conclusion. However, the petitioner Board has failed to let in any
evidence and has not taken any steps to disbelieve the claim
made by the respondent/workman. Hence, this Court is not
inclined to interfere with the award passed by the Labour Court
in I.D.No.88 of 2015 on 20.12.2019.”
2.We see no reason to differ from the conclusion of the Writ Court,
more particularly, because of the specific stand taken by the Board that though
an enquiry was conducted, papers were not placed before the Labour Court. If
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.350 of 2023
the papers are not placed before the Labour Court, the Labour Court has to
proceed on the material i.e., available before it. Neither the Writ Court nor us
exercising jurisdiction under Article 226 of the Constitution of India, could
substitute the function of the Labour Court by looking into the documents at
this stage. We therefore, see no scope for interference with the order of the
Writ Court. The Writ Appeal fails and accordingly, the same is dismissed. We
are sure that none production of the records before the Labour Court is at least
90% at the instance of the employee. The Officers working for the Board
collude with the delinquent employee, more often putting the board in a
disadvantageous position. If this has to stop, the Board should fix the
responsibility for none production of the records on the persons concerned and
take immediate action against them. Unfortunately, we see a persistent
unwillingness on the part of the Board or the higher officials to take such
action. We could only express the hope that such unwillingness is erased and
prompt action is taken against those who help such delinquent employee to get
away with awards from the Labour Court. No costs. Consequently, connected
miscellaneous petition is closed.
[R.S.M..,J] (L.V.G.,J]
skn 28.03.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.350 of 2023
R.SUBRAMANIAN.,J.
AND
L.VICTORIA GOWRI.,J.
skn
W.A.(MD)No.350 of 2023
and
CMP(MD)No.3800 of 2023
28.03.2023
https://www.mhc.tn.gov.in/judis
