Appeal filed to set aside a writ court order rejecting management's recovery of gratuity as punishment value. Bench found no reason to interfere and dismissed the appeal.
The appeal was dismissed and the connected miscellaneous petition was closed; no order as to 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.1515 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)No.1515 of 2024 and
C.M.P.(MD)No.11762 of 2024
2.The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli. ... Appellants / Respondents -vs-
K.Asokan ... Respondent / Writ Petitioner
PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 20.10.2022 passed in W.P.(MD)No.20293 of 2022.
For Appellants : Mr.K.Ramaiah
For Respondent : Mr.A.Rahul
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W.A(MD)No.1515 of 2024
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
Challenge in the appeal is the order of the Writ Court dated 20.10.2022 made in W.P.(MD)No.20293 of 2022, the action of the management in recovering a sum of Rs.83,600/- (Rupees Eighty Three Thousand Six Hundred only) from his gratuity towards the monetary value equivalent to the non effected punishment. The Writ Court has relied upon a division bench judgement of this Court in W.A.(MD)No.465 of 2017 etc., batch wherein such a recovery has been held to be illegal.
[R.S.M., J.] [L.V.G., J.] 05.09.2024
NCC :Yes/No Index :Yes/No Internet: Yes Sml
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W.A(MD)No.1515 of 2024 R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
Sml
W.A(MD)No.1515 of 2024
05.09.2024
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2 issues framed by the court
Whether the action of the management in recovering a gratuity sum towards a non-effected punishment should be set aside by the writ court.
Whether the writ court order relying on a prior division bench judgment can be interfered with in this appeals.
Colour shows how this judgement treated each authority
W.A.(MD)No.465 of 2017Explained¶19
W.A.(MD)No.465 of 2017 etc., batch
1 provisions across 1 enactments
The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Rep., by its Managing Director, Tirunelveli
The General Manager, The Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Tirunelveli
K.Asokan
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
