Management challenged writ orders upholding a Labour Court award rejecting dismissal of a bus driver for rash driving causing death. The Division Bench held no Article 226 interference was warranted as the award was reasoned and not perverse; MACT findings in the driver's absence cannot bind him. Appeals dismissed.
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.Nos.3541 and 3555 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.12.2024
CORAM:
THE HONOURABLE MR JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR JUSTICE C.KUMARAPPAN
W.A.Nos.3541 and 3555 of 2024 and
C.M.P.Nos. 27453 and 27553 of 2024
W.A.No.3541 of 2024
The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Salamedu, Vazhuthareddy, Villupuram Region, Villupuram 605 602. ...Appellant
Vs.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 15.06.2023 in W.P.No.4749 of 2014 passed by this Court.
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W.A.No.3555 of 2024
The Management, Tamil Nadu State Transport Corporation Ltd., Salamedu, Vazhuthareddy, Villupuram, Villupuram District. Rep. by its General Manager
...Appellant
Vs.
...Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 15.06.2023 in W.P.No.29386 of 2014 passed by the learned Judge.
For Appellant : Mr.M.Aswin in both W.As For R2 in W.P.No.3541 : Ms. C.S.Monica of 2024 and R1 in W.P.No.3555 of 2024
For R1 in W.P.No.3541 : Court of 2024 and R2 in W.P.No.3555 of 2024
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C O M M O N J U D G E M E N T
(Judgement of the Court was delivered by R.SUBRAMANIAN, J .)
These Writ Appeals are by the Management. They challenge the orders of the Writ Court made in two Writ Petitions, i.e., W.P.Nos.29386 and 4749 of 2014. While W.P.No.29386 of 2014 was against the order of the Labour Court made in I.D.No.21 of 2011, W.P.No.4749 of 2014 was against the order of the authority refusing approval for the dismissal of the employee in A.P.No.104 of 2011.
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negligent driving of the driver of the bus. The Labour Court faulted the Management for not having examined the conductor or any other eyewitness to the accident. Though three witnesses were examined by the Management, none of them were eyewitnesses, and their evidence was only hearsay. Even that hearsay evidence did not make out negligence on the part of the driver, according to the Labour Court.
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Management.
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the Motor Accident Claims Tribunal before the Labour Court. We should
also point out that the driver/workman was not made a party to the proceedings before the Motor Accident Claims Tribunal. A finding obtained against a person in his absence cannot be used against him in collateral proceedings also. Hence, we are unable to fault the Writ Court for having dismissed the Writ Petitions. The Writ Appeals fail and are accordingly dismissed . Consequently, the connected Miscellaneous Petitions are closed. No costs.
(R.S.M., J.) (C.K., J.) 06.12.2024
kv Index : Yes/No Speaking order /Non Speaking Order Neutral Citation : Yes/No
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To
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R.SUBRAMANIAN, J. and C.KUMARAPPAN, J.
kv
W.A.Nos.3541 and 3555 of 2024
06.12.2024
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2 issues framed by the court
Whether the writ court could interfere with the Labour Court's finding that the management failed to prove rash and negligent driving by the driver.
Whether a MACT finding on negligence in the driver's absence could be used against him in the labour proceedings.
1 provisions across 1 enactments
The General Manager, Tamil Nadu State Transport Corporation (Villupuram) Ltd., Villupuram
The Management, Tamil Nadu State Transport Corporation Ltd., Salamedu, Vazhuthareddy, Villupuram District, rep. by its General Manager
The Special Deputy Commissioner of Labour, D.M.S. Compound, Chennai
A.Krishnamurthy
The Presiding Officer, Labour Court, Cuddalore
R.Subramanian
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
