The writ petition challenging a Labour Court award upholding a workman's dismissal was dismissed on the ground that the employee had retired and the nominal punishment makeup the case unfit for writ jurisdiction.
None. The writ petition was dismissed and the connected miscellaneous petition was closed.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.01.2019
CORAM :
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P.(MD)No.21680 of 2018 and W.M.P.(MD)No.19594 of 2018
The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited, Pudukkottai Region, Thanneerpandal, Madurai Road, Pudukkottai ... Petitioner
(Thiru N.Rajendran, Conductor 88 CR 4087 on behalf of Pudukkottai Region)
... Respondents
Prayer: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned award passed by the first respondent herein dated 29.11.2016 in I.D.No.18 of 2012 and quash the same.
For Petitioner : Mr.D.Sivaraman For R-2 : Mr.K.Gokul
ORDER
One Rajendran was employed as a conductor in the writ petitioner Corporation. He is said to have misappropriated a sum of Rs.10/-, when he was discharging his duty as a conductor on 19.04.2008. In this regard, a charge memo was issued on 29.04.2008. Enquiry was conducted. The employee was found guilty. Therefore, the Management imposed a punishment of stoppage of increment for a https://hcservices.ecourts.gov.in/hcservices/ period of one year without cumulative effect. The workman raised an industrial dispute and the same was espoused by the respondent trade
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union. The matter was taken on file as I.D.No.18 of 2012 on the file of the labour Court, Trichirappalli camp at Pudukottai. The Labour Court, by award dated 29.11.2016, allowed I.D.No.18 of 2012 and held that the charges against the writ petitioner are not proved and it set aside the punishment imposed by the Management vide order dated 11.03.2009. The same is questioned in this writ petition.
Sd/-
Assistant Registrar (Writs)
/True Copy/
Sub Assistant Registrar
To
The Presiding Officer, Labour Court, Tiruchirapalli.
+1 CC to M/s.D.SIVARAMAN, Advocate ( SR-42681[F] dated 24/01/2019) +1 CC to M/s.K.GOKUL, Advocate ( SR-42880[F] dated 25/01/2019)
SM
DS : 02/04/2019 : 2P/4C
Order made in W.P.(MD)No.21680 of 2018
24.01.2019
The General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Limited
The Presiding Officer, Labour Court, Tiruchirapalli
Tamil Nadu State Transport Corporation Staff Federation
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
