The Special Officer vs K.Subramanaian ... Ist
2024 Latest Caselaw 72 Mad

Madras High Court

The Special Officer vs K.Subramanaian ... Ist on 2 January, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

    2024/MHC/5657




                                                                                      W.A(MD)No.665 of 2016

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 02.01.2024

                                                          CORAM:

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
                                                     AND
                                  THE HON'BLE MR JUSTICE C.KUMARAPPAN

                                                 W.A(MD)No.665 of 2016
                                                         and
                                                C.M.P(MD)No.4301 of 2016


                 The Special Officer,
                 Ramanathapuram District Central Cooperative
                 Bank Limited,
                 Ramanathapuram               ... Appellant/Ist Respondent

                                                             .Vs.

                 1.K.Subramanaian                     ... Ist Respondent/Petitioner

                 2.The Labour Court,
                   Madurai.                           ....IInd Respondent/IInd Respondent

                 PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act praying this
                 Court to set aside the order passed by this Court in W.P.No.1697 of 2006, dated
                 13.07.2011.

                                     For Appellant          : Mr.S.Seenivasagam



                 1/5

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                                                                                   W.A(MD)No.665 of 2016

                                  For Respondent-1        :Dismissed vide order dated
                                                                26.06.2008

                                  For Respondent-2        :Labour Court.

                                                      JUDGMENT

DR.G.JAYACHANDRAN,J.

AND C.KUMARAPPAN,J.

This Writ Appeal is directed against the order of the learned Single Judge

while considering the Writ Petition filed by the workman against the award

passed in C.P.NO.73 of 2002, dated 23.08.2005.

2.The Writ Petition is based on the claim that the Writ Petitioner employed

under the first respondent/management(the appellant herein), was deprived of his

Earned Leave Salary since he was subjected to disciplinary proceedings and was

placed under suspension. Later, he was found guilty of three charges in the

disciplinary proceedings and was imposed with punishment of withholding of

increment for a period of three years with cumulative effect. The order of

withholding increment for a period of three years with cumulative effect would

not be given effect to since the Writ Petitioner had attained superannuation, by

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the time the order came to be passed.

3.Therefore, the management thought it fit to adjust his earned leave salary

towards the notional increment supposed to be withheld and also the balance of

Rs.55,000/- was attempted to be recovered from his gratuity. When this was

challenged by the Writ Petitioner before the Labour Court, Madurai by way of a

claim petition, the same was dismissed on the ground that he did not challenge

the order of punishment. When the said order of the Labour Court, Madurai

passed in C.P.No.73 of 2002 is challenged before this Court by way of Writ

Petition, the learned Single Judge vide order, dated 13.7.2011, has allowed the

Writ Petition by setting aside the impugned order passed by the Labour Court

and remitted back the matter to the Labour Court, Madurai to adjudicate the claim

petition afresh on merits and in accordance with law and with the direction to

dispose of the same, preferably, within a period of six months from the date of

receipt of the certified copy of the order. The management, aggrieved by the

direction, has preferred the present Writ Appeal and the same is pending for the

past seven years.

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4.The facts of the case and the reasoning given by the learned Single Judge

does not require any interference by this Court. The management has

unnecessarily preferred the intra-court appeal without pursuing the claim petition

on merits, before the Labour Court.

5.Hence, the Writ Petition is dismissed. There is no order as to costs.

Consequently, connected Miscellaneous Petition is closed.

                                                                       G.J.,J.]   [C.K.,J.]
                                                                           02.01.2024
                 Index            : Yes / No

                 Internet : Yes / No

                 vsn

                 To

                 The Presiding Officer,
                 Labour Court,
                 Madurai.






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                                  DR.G.JAYACHANDRAN, J.
                                                   and
                                        C.KUMARAPPAN,J.


                                                            vsn




                                     JUDGMENT MADE IN


                                                       and





                                                   02.01.2024






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