Madras High Court
The General Manager vs M. Shanmugam on 14 February, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No.227 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE G. ARUL MURUGAN
W.A.No. 227 of 2025
and CMP No.1612 of 2025
The General Manager,
Tamil Nadu State Transport Corporation
(Villupuram Div. II) Ltd.
Vellore. ...Appellant
Vs.
1. M. Shanmugam
Chathiram Street,
Damal Post, Kancheepuram District.
2. The Joint Commissioner of Labour,
(Conciliation)
Chennai 600 006. ...Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set aside
the order dated 18.08.2023 passed in WP No.15769 of 2012.
For Appellant : T. Chandrasekaran
****
1/6
https://www.mhc.tn.gov.in/judis
W.A.No.227 of 2025
JUDGMENT
(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)
The Transport Corporation is on Appeal challenging the orders of the
Writ Court directing regularization of the services of the petitioner with
effect from 01.09.2005 in the time scale of pay applicable to the post of
driver and pay all arrears of salary and consequential benefits.
2. The workman was appointed, temporarily, as a driver. Since there
was an accident while he was in service he was disengaged with effect from
12.10.2003. This disengagement prompted the workman to raise an
Industrial Dispute. The Corporation sought for approval of the
disengagement/discharge under Section 33(2)(b) of the Industrial Disputes
Act, 1947.
3. The Joint Commissioner of Labour refused approval on
12.02.2005, the order rejecting approval was not challenged. The petitioner
sought for reinstatement vide his representation dated 30.05.2005. Since the
said request was not considered, the petitioner moved this Court seeking a
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Mandamus directing reinstatement with all consequential benefits. Pending
the said writ petition, the workman was engaged as a casual labourer and he
continued to work as a driver till date of his reinstatement. In as much as his
services were not regularized despite passage of time, the petitioner was
forced to move this Court again in WP No.15769 of 2012.
4. Before the Writ Court, the Management did not dispute the fact
that the workman has been working through out as a driver. Therefore,
taking note of the fact that there is a 12(3) settlement dated 31.08.2005 in
and by which the workman would be entitled to be regularized as a driver,
the Writ Court had allowed the Writ Petition. Aggrieved the Management
has come up with this Appeal.
5. We have heard Mr.T.Chandrasekaran, learned counsel appearing
for the Management/appellant.
6. We do not find any merit in the Appeal. Admittedly the petitioner
was and is working as a driver in the Corporation and it is not in dispute
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that his case is covered by 12(3) settlement dated 31.08.2005. The rejection
of approval of his discharge has also become final. Therefore, the
Corporation has no other option but to regularize the services of the
petitioner.
7. Mr.T.Chandrasekaran, learned counsel would however point out
that there is a dispute regarding back wages payable and a Review Petition
is pending in Review Application No.69 of 2012, in which review of the
order in WP No.35965 of 2005 dated 28.11.2011 has been sought for to the
extent it directed payment of arrears of back wages. We make it clear that
the payment of any benefits to the workman consequent upon regularization
will be subject to the result of the Review Petition.
8. The Writ Appeal is therefore dismissed. There shall be no order as
to costs. Consequently, the connected miscellaneous petition is closed.
(R.SUBRAMANIAN, J.) (G. ARUL MURUGAN, J.)
14.02.2025
jv
https://www.mhc.tn.gov.in/judis
Index : No
Neutral Citation : No
Speaking order
To
1. The Joint Commissioner of Labour,
(Conciliation)
Chennai 600 006.
2. The General Manager,
Tamil Nadu State Transport Corporation
(Villupuram Div. II) Ltd.
Vellore.
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R.SUBRAMANIAN, J.
and
G. ARUL MURUGAN, J.
jv
14.02.2025
https://www.mhc.tn.gov.in/judis
