The Management Vs M.Kumar — Madras HC (2025) — LawSathi Research

The Management Vs M.Kumar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 09.08.2023 in W.P.No.28609 of 2017 and the second respondent's proceedings dated 02.11.2016 in A.P.No.2 of 2013 set aside; matter remitted to the second respondent/Special Deputy Commissioner of Labour, Chennai for reconsideration on merits after due opportunity to both parties, to be completed within sixty (60) days; no costs; connected miscellaneous petition (C.M.P.No.9094 of 2024) closed.

Issue for consideration

Whether the Management's application for approval under Section 33(2)(b) of the Industrial Disputes Act, 1947 — opposed on the grounds of absence of prima facie material before the Inquiry Officer and violation of principles of natural justice — ought to be granted. +1 more

Ratio / Principle

Since the inquiry proceedings were admittedly not produced before the Authority for appraisal, on a prima facie view the order of rejection by the Authority cannot be found fault with.

Key takeaways

Because the inquiry proceedings' papers are now claimed to be available and the Management is willing to produce them, the matter can be remitted back to the concerned Authority for reconsideration; the Court refrains from commenting on the inquiry proceedings and leaves it open to the Authority to consider them on their own merits and pass appropriate orders in accordance with law.ratio¶28
The Writ Appeal stands partly allowed; the impugned order dated 09.08.2023 passed in W.P.No.28609 of 2017 by this Court, as well as the proceedings of the second respondent dated 02.11.2016 made in A.P.No.2 of 2013, are set aside and the matter is remitted back to the second respondent/Special Deputy Commissioner of Labour, Chennai, for reconsideration.ratio¶29

Detailed headnote1 paragraphs

Writ Appeal under Clause 15 of the Letters Patent by the Management, Tamil Nadu State Transport Corporation (VPM) Ltd., Kancheepuram Region, against the order dated 09.08.2023 in WP.No.28609 of 2017. The Management's application for approval under Section 33(2)(b) of the Industrial Disputes Act, 1947 (A.P.No.2 of 2013) had been rejected by the Special Deputy Commissioner of Labour by proceedings dated 02.11.2016; the Management relied on Lalla Ram Vs. D.C.M. Chemical Works Ltd., (1978) 3 Supreme Court Cases 1, contending absence of prima facie material before the Inquiry Officer and violation of natural justice. The Division Bench held that, admittedly, the inquiry proceedings were not produced before the Authority for appraisal, so on a prima facie view the rejection could not be found fault with; however, since the inquiry papers are now available and the Management is willing to produce them, the matter was remitted. The Court partly allowed the writ appeal, set aside both the Single Judge's order and the Authority's proceedings dated 02.11.2016, and remanded the matter to the second respondent for fresh consideration on its own merits after giving due opportunity to both parties, to be completed atleast within sixty (60) days; no costs; connected C.M.P. closed.

W.A.No.1237 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2025

CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH

AND

THE HONOURABLE MR. JUSTICE R. SAKTHIVEL

W.A.No.1237 of 2024 and C.M.P.No.9094 of 2024

The Management, Tamil Nadu State Transport Corporation, (VPM) Ltd., Kancheepuram Region, Ponnerikarai, Bangalore Highways, Kancheepuram, Rep. by its Managing Director

... Appellant

Vs.

1.M.Kumar

2.The Special Deputy Commissioner of Labour, DMS Compound, Chennai.

... Respondents

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, seeking to set aside the order dated 09.08.2023 in WP.No.28609 of 2017 passed by the learned Judge of this Court.

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F or Appellant : Mr.M.Aswin for Mrs.S.Pavithra For R1 : Mr.S.T.Varadarajulu For R2 : Mr.K.Suresh, Government Advocate

W.A.No.1237 of 2024

JUDGMENT

(Judgment of the Court was made by M.S.RAMESH, J. )

The main ground on which the appellant/Management filed an application seeking approval under Section 33(2)(b) of the Industrial Disputes Act, 1947, is that there was no prima facie material before the Inquiry Officer and the violation of principles of natural justice, for which purpose, the decision of the Hon'ble Supreme Court in the case of 'Lalla Ram Vs. D.C.M. Chemical Works Ltd. & another' reported in '(1978) 3 Supreme Court Cases 1' was relied upon.

2. The learned counsel appearing for the appellant/Management

has produced before us the inquiry proceedings and his contention is that both the findings of the Authority are incorrect.

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W.A.No.1237 of 2024

3. Admittedly, the inquiry proceedings were not produced before the Authority for appraisal and therefore, on a prima facie view, the order of rejection by the Authority cannot be found fault with. However, since it is now claimed that the inquiry proceedings' papers are available and the Management is also willing to produce the same, we are of the view that the matter can be remitted back to the concerned Authority for reconsideration. We refrain from commenting any of our views with regard to the inquiry proceedings and thus, leave it open to the Authority, to consider it on its own merits and pass appropriate orders in accordance with law.

4. Accordingly, the Writ Appeal stands partly allowed and the impugned order dated 09.08.2023 passed in W.P.No.28609 of 2017 by this Court, as well as the proceedings of the second respondent dated 02.11.2016 made in A.P.No.2 of 2013, are hereby set aside and the matter is remitted back to the second respondent/Special Deputy Commissioner of Labour, Chennai, for reconsideration. The concerned Authority shall

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W.A.No.1237 of 2024

reconsider the case of the first respondent herein, on its own merits and pass appropriate orders, after giving due opportunity to both the parties.

Such proceedings shall be completed, atleast within a period of sixty (60)

days from the date of receipt of a copy of this order. No costs. Connected miscellaneous petition is closed.

[M.S.R, J.] [R.S.V, J.]

23.10.2025

Index: Yes/No Speaking order/Non-speaking order Internet: Yes/No Neutral Citation: Yes/No

Sni

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W.A.No.1237 of 2024

To

The Special Deputy Commissioner of Labour, DMS Compound, Chennai.

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W.A.No.1237 of 2024

M.S.RAMESH, J. and R. SAKTHIVEL, J.

Sni

W.A.No.1237 of 2024

23.10.2025

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