Madras High Court
The Management Of Mtc (Chennai) Ltd vs In W.P.No.502 Of 2015 on 6 November, 2024
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.Nos.502 & 503 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.11.2024
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.Nos.502 & 503 of 2015
and M.P.Nos.2,2,3 and 4 of 2015
The Management of MTC (Chennai) Ltd.,
No.2, Pallavan Salai,
Chennai – 600 002. ...Petitioner in
both W.P.'s
Vs
In W.P.No.502 of 2015
1.The Presiding Officer,
III Additional Labour Court,
Chennai.
2.P.Murugesan ...Respondents
In W.P.No.503 of 2015
1.The Presiding Officer,
III Additional Labour Court,
Chennai.
2.U.Sivaganapathy ...Respondents
PRAYER In W.P.No.502 of 2015: Writ Petition filed under Article 226 of the
Constitution of India, to pass a Writ of Certiorari or any writ, order or direction to
call for the records of the award passed by the 1st respondent in I.D.No.734 of
1/7
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W.P.Nos.502 & 503 of 2015
2009 dated 17.10.2014 and to quash the same as illegal and against the provisions
of the Industrial Disputes Act 1947.
PRAYER In W.P.No.503 of 2015: Writ Petition filed under Article 226 of the
Constitution of India, to pass a Writ of Certiorari or any writ, order or direction to
call for the records of the award passed by the 1st respondent in I.D.No.637 of
2009 dated 17.10.2014 and to quash the same as illegal and against the provisions
of the Industrial Disputes Act 1947.
For Both W.P.'s
For Petitioner : Mr.C.Gowthamaraj
For Respondents : Mr.V.Ajay Khose for R2
COMMON ORDER
When the matter came up for hearing it is brought to the notice of this Court
by the learned counsel for the petitioner and also the workmen that in this case
totally 212 workmen had raised industrial disputes and award was passed in
respect of the matters. While so, with reference to the same common award, vide
order dated 29.09.2023 passed in W.P.Nos.337 & 12562 of 2015 etc., this Court
has already dismissed the Writ Petitions filed by the management. In respect of
Writ Petitions which were filed by the workmen were disposed of with certain
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W.P.Nos.502 & 503 of 2015
directions. It is essential to extract paragraph No.12 of the said judgment.
12. In view of the above facts and circumstances, the
Writ Petitions filed by the management are dismissed. The Writ
Petitions filed by the workmen are disposed of with the
following directions :~
(i) The management is directed to regularize the service
of the workmen from the date of their termination as drivers
and conductors without back wages till the date of award viz.,
17.10.2014 with continuity of service and other attendant
benefits.
(ii) The workmen are not entitled for back wages from
the date of their termination till the date of award viz.,
17.10.2014
(iii) The workmen are entitled to continuity of service
and other attendant benefits from the date of their termination.
The entire service of the workmen from the date of their
regularization viz., from the date of their termination to be
taken into account for calculating other attendant benefits.
(iv) The management is directed to fix the time scale of
pay from the date of award on par with regular drivers and
conductors, within a period of twelve weeks from the date of
receipt of a copy of this Order.
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W.P.Nos.502 & 503 of 2015
2.It is stated that one of the Transport Corporations had also filed Writ
Appeal Nos.3099 of 2023 etc., and Division Bench of this Court had also by
judgment dated 10.11.2023 confirmed the order of the learned Single Judge, for
the major part except for making certain modifications/observations. The same is
contained in paragraph No.8 and 9 of the said order which is extracted hereunder.
8.Considering the submissions of either side and also the facts
and circumstances, with a view to shorten the life of the litigation and
thereby, bringing a quietus to the matter, the order of the Single Bench
and the award of the Labour Court are interfered with, with the
following observations:
The workmen numbering 41 alone would be entitled to
scale of pay and other benefits, on and from the date of their
selection and appointment.
The issue as to whether the past services of these 41
workmen can be counted or not for other benefits, needs
consideration by the Transport Corporation and hence, the said
issue is left open for negotiations and settlement.
The workmen numbering 41 are entitled to entire service
benefits, notionally fixed, without monetary benefits in the light of
the judgment of the Supreme Court in Armed Forces Ex Officers
Multi Services Cooperative Society Ltd. v Rashtriya Mazdoor
Sangh (INTUC) [(2022) 9 SCC 586] relied upon by Mr. Ajay
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W.P.Nos.502 & 503 of 2015
Khose, learned counsel for the workmen.
We expect the Transport Corporation to negotiate and try
to bring about a settlement within a period of two months from
the date of receipt of a copy of this judgment.
Arrears of pay based on the scale of pay that is applicable
from the date of entry into service pursuant to the interview
conducted based on call letters, shall be extended within a period
of four months from the date of receipt of a copy of this judgment;
9.It is made clear that:
the workmen in W.A. No.3111, 3155 and 3142 of 2023 are not
entitled to any relief, inasmuch as, they have not filed writ petition;
the workmen in W.A. No.3132 and 3115 of 2023 cannot be
granted any relief since they were found ineligible; and
the workmen in W.A. Nos.3146, 3134, 3123 and 3143 of 2023
also cannot be granted any relief inasmuch as they did not appear for
selection.
The writ appeals stand disposed of in the above terms. Costs
made easy. Connected Miscellaneous Petitions stand closed.
3.In view thereof, these two Writ Petitions shall stand disposed of on the
same terms. No costs. Consequently, connected miscellaneous petitions are
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W.P.Nos.502 & 503 of 2015
closed.
06.11.2024
ep
Neutral citation : Yes/No
D.BHARATHA CHAKRAVARTHY, J.,
ep
https://www.mhc.tn.gov.in/judis
W.P.Nos.502 & 503 of 2015
To
The Presiding Officer,
III Additional Labour Court,
Chennai.
W.P.Nos.502 & 503 of 2015
and M.P.Nos.2,2,3 and 4 of 2015
06.11.2024
https://www.mhc.tn.gov.in/judis
