The Madras High Court dismissed an appeal by an employer challenging a Writ Court order that upheld a Labour Court's reinstatement award while modifying back wages to 40% due to the nature of an accident, finding no error in the Writ Court's decision.
The writ appeal was dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.A.(MD)No.1310 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2019 CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI
W.A.(MD)No.1310 of 2019 and C.M.P.(MD)No.11079 of 2019
The Management, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, Periyamilaguparai, Tiruchirappalli,
(Erstwhile Tamil Nadu State Transport Corporation (Kumbakonam Division-2) Limited]. ... Appellant
Vs.
1.The Presiding Officer, Labour Court, Tiruchirappalli.
2.P.Thirunavukkarasu ... Respondents
PRAYER : Writ Appeal is filed under Clause 15 of the Letter Patent Act, to set aside the order passed in W.P.(MD)No.23880 of 2017 dated 02.03.2018 and dismiss the above writ petition.
Prayer in WP(MD). 23880/ 2017 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari calling for the records relating to the award passed by the 1st Respondent herein dated 23.06.2015 in ID.No.25 of 2006 and quash the same.
For Appellant : Mr.D.Sivaraman For R2 : Mr.G.M.Xavier
JUDGMENT
[Judgment of this Court was made by T.S.SIVAGNANAM, J. ]
Heard Mr.D.Sivaraman, learned counsel for the appellant and Mr.G.M.Xavier, learned counsel for the second respondent. By consent on either side, this writ appeal is taken up for final https://hcservices.ecourts.gov.in/hcservices/ disposal.
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W.A.(MD)No.1310 of 2019
Assistant Registrar (CS-III) // True Copy //
Ta
To
The Presiding Officer, Labour Court, Tiruchirappalli.
+1 CC to MR.G.M. XAVIER, Advocate ( SR-100160[F] dated 21/11/2019 ) +1 CC to Mr.D. SIVARAMAN, Advocate ( SR-100181[F] dated 21/11/2019 )
ORDER MADE IN W.A.(MD)No.1310 of 2019 21.11.2019
MK (09.12.2019) 2P 4C
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3 issues framed by the court
Whether the High Court erred in confirming the Writ Court's order that restricted back wages to 40% in a reinstatement award.
If the Writ Court's finding of no perversity in the Labour Court's award stands valid against the appeal.
Whether the exercise of discretion to restrict back wages was erroneous.
2 provisions across 2 enactments
Management, Tamil Nadu State Transport Corporation, (Kumbakonam) Limited
The Presiding Officer, Labour Court, Tiruchirappalli
P.Thirunavukkarasu
T.S.SIVAGNANAM
R.THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
