The Management Of Tamil Nadu vs P.Balasubramaniam
2024 Latest Caselaw 19683 Mad

Madras High Court

The Management Of Tamil Nadu vs P.Balasubramaniam on 19 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                                 W.A.(MD) No.1961 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 19.10.2024

                                                        CORAM:

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 and
                              THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                              W.A.(MD)No.1961 of 2024
                                                        and
                                             C.M.P.(MD) No.14471 of 2024

                 1.The Management of Tamil Nadu,
                   State Transport Corporation (Kumbakonam) Limited,
                   Represented by its Managing Director,
                   Kumbakonam.

                 2.The Administrator,
                   Tamil Nadu State Transport Employee's Pension Fund Trust,
                   Thiruvalluvar Illam,
                   Anna Salai, Chennai 2.                                              ... Appellants
                                                     -vs-


                 P.Balasubramaniam                                                     ... Respondent


                           Writ Appeal filed under Clause 15 of Letters Patent against the order, dated

                 21.12.2023, passed in W.P.(MD)No.13732 of 2021.




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https://www.mhc.tn.gov.in/judis
                                                                                     W.A.(MD) No.1961 of 2024



                                   For Appellants        :     Mr.S.C.Herold Singh

                                   For Respondent        :     Mr.S.Arunachalam

                                                             JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

We do not see any ground to interfere with the order of the Writ Court.

2. Admittedly, the Labour Court, in its Award had exonerated the

employee of all charges and has directed reinstatement with 50% backwages.

Once the charges are held to be not proved, the employee is automatically entitled

to all the benefits that would arise out of a service. The Corporation cannot be

heard to contend that since the Labour Court has not made a specific grant, the

employee will not be entitled to the other benefits.

3. Mr.S.C.Herold Singh, learned counsel appearing for the appellants

would, however, rely upon the judgment of the Hon'ble Supreme Court in

Andhra Pradesh State Road Transport Corporation (A.P.S.R.T.C.) and

others vs. Abdul Kareem reported in 2005 AIR (SC) 3791.

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4. A perusal of the said judgment shows that the facts are entirely

different, where the charge was unauthorized absence and the Labour Court while

upholding the charge, had modified the punishment. Here, the charge itself has

been held to have been not established. Therefore, the said judgment cannot help

the Management. We, therefore, uphold the order of the Writ Court and

dismissed the Writ Appeal. No costs. Consequently, connected Miscellaneous

Petition is closed.

                 NCC              : Yes / No                     [R.S.M., J.]      [L.V.G., J.]
                 Index            : Yes / No                             19.10.2024
                 smn2


                 To

                 1.The Managing Director,
                   Management of Tamil Nadu,

State Transport Corporation (Kumbakonam) Limited, Kumbakonam.

2.The Administrator, Tamil Nadu State Transport Employee's Pension Fund Trust, Thiruvalluvar Illam, Anna Salai, Chennai 2.

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https://www.mhc.tn.gov.in/judis

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

smn2

and

19.10.2024

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https://www.mhc.tn.gov.in/judis