Madras High Court
M.Manickam vs The Managing Director on 1 April, 2024
Author: R.Suresh Kumar
Bench: R.Suresh Kumar
W.A(MD)No.376 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.04.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
and
THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN
W.A(MD)No.376 of 2024
and
C.M.P(MD)No.3286 of 2024
M.Manickam ... Appellant/Petitioner
vs.
1.The Managing Director,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Bye Pass Road,
Madurai – 625 010.
2.The General Manager,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Bye Pass Road,
Madurai – 625 010.
3.The Branch Manager,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Usilampatti Branch,
Madurai. ... Respondents/Respondents
PRAYER : Writ Appeal filed under Clause 15 of Letters Patent to set aside
the order in W.P(MD)No.25870 of 2023, dated 30.10.2023 and allow the
Writ Appeal.
1/6
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W.A(MD)No.376 of 2024
For Appellant : Mr.A.Mu.Sharavanan
For Respondents : Mr.S.C.Herold Singh
JUDGMENT
[Judgment of the Court was made by R.SURESH KUMAR, J.)
This Writ Appeal has been filed against the order passed by the
Writ Court, dated 30.10.2023, made in W.P(MD)No.25870 of 2023, where
the order of transfer made against the appellant/writ petitioner has been
challenged.
2.The learned Judge, who heard the matter, has dismissed the
Writ Petition by the order impugned, dated 30.10.2023. Though a reason of
mala fide alleged by the writ petitioner before the Writ Court, the same has
been rejected by the learned Judge, where he has found that on perusal of
the order of transfer, it reveals that the writ petitioner has been transferred
on administrative grounds. Therefore, the question of assigning any further
reasons for the subsequent representation does not arise.
3.In this context, Mr.A.Mu.Sharavanan, learned counsel
appearing for the appellant would submit that, the appellant is the office
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bearer of the employees' union, therefore, if at all he has to be transferred,
prior concurrence is to be obtained from the employees' union.
4.In this regard, when a specific question was asked, the
learned counsel would submit that, there has been no settlement under
Section 12(3) of the Industrial Disputes Act, with regard to such an
arrangement of getting a prior concurrence from the employees' union, in
case, any of the office bearers is to be transferred on administrative
exigency.
5.Merely because, the appellant being the office bearer of the
employees' union, the power of the employer to invoke for transfer, such an
employee on administrative exigency cannot be curtailed, therefore, such an
order of transfer is for that reason cannot be assailed by citing the reason of
mala fide, as such reason of mala fide does not surface in this case which
has been found out by the learned Judge in the order impugned, of course,
rightly. The said reason given by the learned Judge is to be accepted.
Hence, we do not find any plausible reason to interfere with the order
passed by the learned Judge, which is impugned herein.
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6.Resultantly, this Writ Appeal fails and the same is dismissed.
However, there shall be no order as to costs. Consequently, connected
Miscellaneous Petition is closed.
[R.S.K.,J.] [G.A.M.,J.]
01.04.2024
NCC : Yes / No
Index : Yes / No
ps
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To
1.The Managing Director,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Bye Pass Road,
Madurai – 625 010.
2.The General Manager,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Bye Pass Road,
Madurai – 625 010.
3.The Branch Manager,
Tamil Nadu State Transport Corporation (Madurai) Limited,
Usilampatti Branch,
Madurai.
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R.SURESH KUMAR,J.
and
G.ARUL MURUGAN,J.
ps
ORDER MADE IN
DATED : 01.04.2024
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