The petitioner challenged a Labour Court order setting aside a suspension of increment due to lack of domestic enquiry. The High Court found no merit, holding that the Management violated due process by imposing major punishment without an inquiry.
Writ petition dismissed; Labour Court order upholding the setting aside of the punishment is effective.
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.P.No.4848 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.10.2023
CORAM
THE HONOURABLE MRS. JUSTICE R. HEMALATHA
W.P.No.4848 of 2019 and W.M.P.No.5515 of 2019
The Management, Metropolitan Transport Corporation, (Chennai) Ltd., Pallavan Illam, Anna Salai, Chennai - 600 002.
... Petitioner
Vs.
Thiru.T.Manoharan, Represented by the General Secretary, State Transport Employees Union (C.I.T.U) Regn.No.7/M.D.S. No.2, Pallavan Salai, Kalaiaranga Valagam, Chennai - 600 002. ... Respondent
Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Certiorari, calling for the records pertaining to the order passed in I.D.No.19 of 2018 dated 28.09.2018 on the file of the I Additional labour Court, Chennai and quash the same.
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W.P.No.4848 of 2019
For Petitioner : Mr.M.Chidambaram For Respondent : Mr.T.Karkivelan
ORDER
This Writ Petition is filed by the Management,Metropolitan
Transport Corporation, Chennai seeking to quash the orders passed in I.D.No.19 of 2018 dated 28.09.2018 by the I Additional labour Court, Chennai.
2. The respondent/C.I.T.U Union raised an Industrial Dispute
before the Labour Court, Chennai on behalf of one T.Manoharan, driver who was in Route No.12G Special on 05.03.2010. The bus was plying from K.K.Nagar to Anna Square. When the bus was nearing Kamarajar Salai near War Memorial Statue, the driver of the bus hit a pedestrian as he suddenly crossed the road and the pedestrian got grievously injured. The Management of Metropolitan Transport Corporation issued a charge Memo, dated 18.02.2011 against the driver of the bus seeking explanation from the latter and subsequently on 22.11.2011, a show
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W.P.No.4848 of 2019
cause notice was also issued to him. The driver submitted his explanation. However, the Management without conducting any enquiry, imposed punishment of postponement of the annual increment for a period of one year with cumulative effect. Aggrieved over the same, the respondent herein approached the I Additional Labour Court, Chennai in I.D.No.19 of 2018. The learned Presiding Officer, I Additional Labour Court, Chennai after considering the arguments advanced by both side counsels, set aside the punishment awarded to the respondent and directed the Management to pay the amount already withheld by them to the respondent herein within a period of 30 days from the date of the order. Aggrieved over the same, the Management has filed the present Writ Petition.
3. Mr.M.Chidambaram, learned counsel for the petitioner/ Management, Metropolitan Transport Corporation contended that the Labour Court had committed an error in setting aside the punishment imposed on the respondent, especially when the respondent had driven the bus in a rash and negligent manner. He therefore prayed for allowing
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W.P.No.4848 of 2019
the present Writ Petition.
4. Per contra, Mr.T.Karkkivelan, learned counsel for the respondent contended that though the Management issued a charge memo on 18.02.2011 to the respondent, they did not conduct any domestic enquiry and finally imposed a major punishment of postponement of increment for a period of six months with cumulative effect. He would therefore contend that the I Additional Labour Court Chennai was right in setting aside the punishment imposed by the petitioner/Management, on the respondent.
5. It is seen from the records that the petitioner issued a show cause notice on 22.11.2011, for which the respondent also sent his reply dated 20.03.2012. However, no domestic enquiry was conducted and instead a punishment of postponement of increment for a period of six months with cumulative effect was passed. This is totally against the Certified Standing Orders. The respondent has not also been given sufficient opportunity to prove his innocence. In the circumstances, I do
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W.P.No.4848 of 2019
not see any merit in the present Writ Petition. Accordingly the Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
04.10.2023
Index: Yes/No Speaking/Non-Speaking order vum
R. HEMALATHA, J.
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W.P.No.4848 of 2019
vum
W.P.No.4848 of 2019 and W.M.P.No.5515 of 2019
04.10.2023
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2 issues framed by the court
Whether the Labour Court erred in setting aside the punishment of postponement of annual increment without conducting a domestic enquiry.
Whether the Management followed due process under the Certified Standing Orders before imposing major punishment.
The Management, Metropolitan Transport Corporation, (Chennai) Ltd.
T.Manoharan
R. Hemalatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
