The Management vs T.Selvakumar
2025 Latest Caselaw 8836 Mad

Madras High Court

The Management vs T.Selvakumar on 21 November, 2025

Author: M.S.Ramesh

Bench: M.S. Ramesh

                                                                                       W.A.No.3513 of 2025
                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 21.11.2025

                                                        CORAM :

                                   THE HONOURABLE MR. JUSTICE M.S. RAMESH

                                                             and

                                   THE HONOURABLE MR. JUSTICE R.SAKTHIVEL

                                               W.A.No.3513 of 2025
                                            and C.M.P.No.28790 of 2025

                     The Management
                     Tamil Nadu State Transport Corporation
                     (Kumbakonam) Limited
                     Trichy Region
                     Thiruchirapalli 620 001                                              ... Appellant

                                                              Vs.

                     1.T.Selvakumar

                     2.The Special Joint Commissioner of Labour
                     DMS Campus, Anna Salai
                     Chennai                                                           ... Respondents




                     Prayer: Writ Appeal filed under Clause 15 of Letters Patent, praying to

                     Page 1 of 5




https://www.mhc.tn.gov.in/judis              ( Uploaded on: 26/11/2025 06:09:04 pm )
                                                                                            W.A.No.3513 of 2025
                     allow the Writ Appeal and set aside the order dated 22.04.2025 passed by

                     this Court in W.P.No.26621 of 2021.


                                        For Appellant                  : Mr.M.Murali Vinodh

                                        For Respondents                : Mr.G.Ameedius
                                                                         Government Advocate - R2



                                                           JUDGMENT

M.S.RAMESH, J.

and R.SAKTHIVEL, J.

Admittedly, after passing the order of dismissal of the first

respondent employee on 01.12.2018, the approval petition under Section

33(2)(b) of the Industrial Dispute Act, 1947, was filed after about three

years viz. 12.04.2021.

2.Such an inordinate delay of three years in filing the approval

petition is opposed in the well settled propositions in Lalla Ram V.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/11/2025 06:09:04 pm )

D.C.M. Chemical Works Ltd. and Ors., reported in AIR 1978 SC 1004,

wherein, the Hon’ble Supreme Court, inter alia, had held that when the

employer fails to simultaneously or within a reasonably short time file the

approval petition, the punishment imposed cannot be legally sustained.

3.In this case, three years delay is inordinate in nature and there is

absolutely no reason adduced to justify the delay either before the learned

Single Judge or before this Court.

4.In the result, we do not find any grounds to interfere with the

order passed in Writ Petition in W.P.No.26621 of 2021. Accordingly, the

Writ Appeal stands dismissed. No costs. Consequently, connected

miscellaneous petition is closed.

                                                                              [M.S.R, J.]                  [R.S.V, J.]
                                                                                              21.11.2025





https://www.mhc.tn.gov.in/judis                     ( Uploaded on: 26/11/2025 06:09:04 pm )

                     kas

                     Index: Yes / No
                     Neutral Citation
                     Speaking / Non Speaking

                     To.

1.The Special Joint Commissioner of Labour DMS Campus, Anna Salai Chennai

M.S.RAMESH, J.

and R.SAKTHIVEL, J.

kas

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/11/2025 06:09:04 pm )

21.11.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/11/2025 06:09:04 pm )