Madras High Court
The Management vs M.Sakthivel on 2 July, 2025
Author: P.T. Asha
Bench: P.T. Asha
W.P.No.4335 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.07.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
W.P.No.4335 of 2023
and
WMP.No.4378 of 2023
The Management
Tamil Nadu State Transport
Corporation (Coimbatore Limited)
No.37, Mettupalayam Salai,
Coimbatore - 641043. ... Petitioner
Vs.
M.Sakthivel ...Respondent
Prayer:- Writ petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of Certiorari call for the records
relating to the Award made in CP.No.45 of 2021 dated 12.07.2022 on
the file of the Additional Labour Court, Coimbatore and quash the
same.
For Petitioner : M/s.T.Chandrasekaran
For Respondent : M/s.V.Porkodi
1/8
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 01:36:38 pm )
W.P.No.4335 of 2023
ORDER
The above Writ Petition is filed for the following reliefs:-
"call for the records relating to the Award made in CP.No.45 of
2021 dated 12.07.2022 on the file of the Additional Labour Court,
Coimbatore and quash the same.."
2. The issue involved in the instant Writ Petition is covered by
the judgement of the Division Bench passed in WA.Nos.362 of 2023
etc. Batch, dated 03.08.2023.
3. The relevant portion of the said judgement is extracted herein
below:-
"15. In order to give a quietus to the issue on hand,
we direct the employer who is amenable to writ jurisdiction
of this Court to confer permanent status on and from 1st
September, 2002 in the light of the appointment order dated
12.07.2000 produced by the employer and paragraph No.10
of the award, which reads as under:
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 01:36:38 pm )
The Government Order had come into force only with effect
from 2003 and therefore, that cannot take away the benefit
conferred either under the settlement or available to a
person under an enactment . Though it has been stated that
the Rules framed under 1981 Act are not wide enough to
empower the authority to decide, we cannot issue any
direction to the Legislature to amend the act in a particular
manner or frame the Rules. However, a suggestion can be
made in the light of the judgment of the Hon?ble Apex Court
reported in AIR 1987 SC 1960 (Krishna District
Co~operative Marketing Society Ltd., Vijayawada V. N.S.
Purnachandra Rao and others) wherein a suggestion was
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 01:36:38 pm )
made with regard to amending I.D. Act to enable the
employee to approach the Court directly and the Apex Court
has held that we cannot give a direction, but can make a
suggestion that it is for the Legislature to decide as to
whether suitable amendment needs to be incorporated in the
Act or not.
"11. We may incidentally observe that the Central
Act itself should be suitably amended making it possible to
an individual workman to seek redress in an appropriate
forum regarding illegal termination of service which may
take the form of dismissal, discharge, retrenchment etc. or
modification of punishment imposed in a domestic enquiry.
An amendment of the Central Act introducing such
provisions will make the law simpler and also will reduce
the delay in the adjudication of industrial disputes. Many
learned authors of books on industrial law have also been
urging for such an amendment. The State Act in the instant
case has to some extent met the above demand by enacting
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 01:36:38 pm )
section 41 providing for a machinery for settling disputes
arising out of termination of service which can be resorted
to by an individual workman. In this connection we have one
more suggestion to make. The nation remembers with
gratitude the services rendered by the former Labour
Appellate Tribunal which was manned by some of our
eminent Judges by evolving great legal principles in the
field of labour law, in particular with regard to domestic
enquiry, bonus, gratuity, fair wages, industrial adjudication
etc. The Industrial Disputes (Appellate Tribunal) Act, 1950
which provided for an all~India appellate body with powers
to hear appeals against the orders and awards of Industrial
Tribunals and Labour Courts in India was repealed in
haste. If it had continued by now the labour jurisprudence
would have developed perhaps on much more satisfactory
lines than what it is today. There is a great need today to
revive and to bring into existence an all~ India Labour
Appellate Tribunal with powers to hear appeals against the
decisions of all Labour Courts, Industrial Tribunals and
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 01:36:38 pm )
even of authorities constituted under several labour laws
enacted by the States so that a body of uniform and sound
principles of Labour law may be evolved for the benefit of
both industry and labour throughout India. Such an
appellate authority can become a very efficient body on
account of specialisation. There is a demand for the revival
of such an appellate body even from some workers-
organisations. This suggestion is worth considering. All this
we are saying because we sincerely feel that the Central Act
passed forty years ago needs a second look and requires a
comprehensive amendment.
16. The writ appeal is disposed of accordingly. No
costs. Connected C.M.P. is closed."
4. Since the issue involved in the instant case is covered by the
above decision, this Writ Petition is disposed of on the same line as of
the judgement of the Division Bench passed in WA.Nos.362 of 2023
etc. Batch, dated 03.08.2023. No costs. Consequently the connected
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 01:36:38 pm )
Miscellaneous Petition is closed.
02.07.2025
(shr)
Index : Yes/No
Speaking Order: Yes/No
Neutral Citation : Yes/No
To
1.The Additional Labour Court, Coimbatore.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 01:36:38 pm )
P.T. ASHA. J.,
(shr)
and
02.07.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/07/2025 01:36:38 pm )
