The Management Vs a. Jeyasankar — Madras HC (2025) — LawSathi Research

The Management Vs a. Jeyasankar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the management's writ appeal under Clause 15 of the Letters Patent, seeking to set aside the learned single Judge's order dated 24.03.2022 in W.P.(MD)No.9535 of 2014 (which slightly modified the Labour Court award denying backwages/other benefits and excluding 10.05.2006-02.07.2012 from continuity of service), should be allowed.

Court's answer

Taking into account that the delinquent was reinstated in service in 2015 and has been in service for about ten years, and noting that the Bench exercises jurisdiction under Clause 15 of the Letters Patent, the Division Bench declined to interfere with the order of the learned single Judge.

Ratio / Principle

The writ appeal stands dismissed without costs, and the connected miscellaneous petition (C.M.P.(MD)No.3617 of 2023) is closed.

Detailed headnote1 paragraphs

Writ Appeal under Clause 15 of the Letters Patent (W.A.(MD)No.335 of 2023) by the Management, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., against the order dated 24.03.2022 of the learned single Judge in W.P.(MD)No.9535 of 2014, which had slightly modified the award dated 02.07.2012 of the Labour Court, Madurai in I.D.No. 179 of 2012. The first respondent, a Conductor who joined in 1992, was dismissed after a 02.03.2005 checking incident on the Pattukottai-Rameswaram route in which the checking inspector found he had collected Rs.24/- from four passengers without issuing tickets (charge memo 05.03.2005; domestic enquiry proved the charges). The Labour Court set aside the dismissal and ordered reinstatement without backwages; the learned single Judge denied backwages and other benefits and granted continuity of service excluding the period 10.05.2006 to 02.07.2012. Noting that the delinquent was reinstated in 2015 and has served for about ten years, and that the Bench exercises Clause 15 Letters Patent jurisdiction, the Division Bench (G.R.Swaminathan and K.Rajasekar, JJ.) did not interfere with the learned single Judge's order, dismissed the writ appeal without costs, and closed the connected C.M.P.(MD)No.3617 of 2023. Judgment dated 03.07.2025.

1 W.A.(MD)NO.335 OF 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 03.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

AND

THE HON'BLE MR.JUSTICE K.RAJASEKAR

W.A.(MD)No.335 of 2023 AND C.M.P.(MD)No.3617 of 2023

The Management, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Rep. by its General Manager, Karaikudi Region, Marudhupathi, Karaikudi – 630 001. ... Appellant / Petitioner Vs.

A.Jeyasankar ... Respondent No.1/Respondent No.1

The Presiding Officer, Labour Court, Madurai. ... Respondent No.2/Respondent No.2

Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order passed in W.P.(MD)No.9535 of 2014 dated 24.03.2022.

For Appellant : Mr.K.Ramaiah For Respondents : Mr.S.M.Mohan Gandhi

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2 W.A.(MD)NO.335 OF 2023

J U D G M E N T

(Order of the Court was delivered by G.R.SWAMINATHAN, J.)

Heard both sides.

The first respondent herein joined the appellant Corporation as Conductor in the year 1992. On 02.03.2005, when he was on duty on the route of Pattukottai-Rameswaram, the said bus in question was checked by the checking inspector. According to the checking inspector, even though the delinquent had collected ticket fare from four passengers to the tune of Rs.24/-, he did not issue tickets. Hence, charge memo was issued on 05.03.2005. Domestic enquiry was conducted. The enquiry officer concluded that the charges framed against the delinquent stood proved. Finally, the delinquent was dismissed from service. The delinquent raised industrial dispute and the same was taken on file by the Labour Court, Madurai in I.D.No. 179 of 2012. The Labour Court passed the award on 02.07.2012 holding that the punishment of dismissal has to be set aside. The reinstatement was also ordered without backwages.

Aggrieved by the same, the management filed W.P.(MD) No.9535 of 2014. The learned single Judge disposed of the writ

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3 W.A.(MD)NO.335 OF 2023

petition by slightly modifying the award of the Labour Court. The appellant was not only denied backwages but also other benefits. Continuity of service was ordered subject to the exception that it would not include the period from 10.05.2006 to 02.07.2012. Against this order of the learned single Judge, this writ appeal has been filed by the management.

It is to be noted that during the intervening period, the delinquent was reinstated in service in the year 2015 itself. He is in service for the last ten years. Taking this aspect into account and also the fact that we are exercising jurisdiction under Clause 15 of the Letters Patent, we do not propose to interfere with the order of the learned single Judge. This writ appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 3^rd July 2025

NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU

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4 W.A.(MD)NO.335 OF 2023

G.R.SWAMINATHAN,J.

AND K.RAJASEKAR, J.

PMU

To:

The Presiding Officer, Labour Court, Madurai.

W.A.(MD)No.335 of 2023

03.07.2025

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