Dismissed¶23

The Management v. General Secretary

Madras HC16 Oct 2025WP(MD)/15328/2022

Case brief

AI extract

What is this about?

WP(MD)No.15328 of 2022, decided 16.10.2025 by B.Pugalandhi, J., Madurai Bench of Madras High Court. Certiorari under Article 226 against Labour Court, Madurai award dated 02.07.2020 in I.D.No.22 of 2017. Industrial dispute by TNSTC National Employees Union (INTUC) against punishment on Conductor for unauthorized absence: reduction of five stages from basic pay Rs.7,525/- to new scale Rs.7,025/- (punishment order dated 31.12.2009). Enquiry report and enquiry proceedings not produced before Labour Court or High Court; writ petition dismissed, no costs; connected WMP(MD)No.10973 of 2022 closed.

What did the court decide?

No relief to the petitioner; writ petition dismissed with no costs and the connected miscellaneous petition closed, leaving the Labour Court award dated 02.07.2020 undisturbed. ¶23

The Management Vs General Secretary — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

No relief to the petitioner; writ petition dismissed with no costs and the connected miscellaneous petition closed, leaving the Labour Court award dated 02.07.2020 undisturbed.

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Issue for consideration

Whether the writ petition under Article 226 challenging the Labour Court award in I.D.No.22 of 2017 should be entertained, where the Transport Corporation did not place the enquiry report and enquiry proceedings before the Labour Court or before the High Court.

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Court's answer

This Court is not inclined to entertain the writ petition, considering the manner in which the Transport Corporation defended the case without even placing the enquiry proceedings and enquiry report before the Labour Court or before this Court; accordingly the writ petition is dismissed with no costs and the connected miscellaneous petition is closed.

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Ratio / Principle

Since the Corporation did not place the enquiry report and the proceedings pertaining to the enquiry before the Labour Court, the Labour Court was left with no other option but to allow the industrial dispute.

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Detailed headnote1 paragraphs

Madras High Court (Madurai Bench) dismissed a writ petition filed by the Management of Tamil Nadu State Transport Corporation (Madurai Division) Limited under Article 226 seeking certiorari to quash the award dated 02.07.2020 of the Labour Court, Madurai in I.D.No.22 of 2017, whereby the industrial dispute raised by the National Employees Union (INTUC) against the punishment imposed on its member, a Conductor, for unauthorized absence (reduction of five stages from basic pay of Rs.7,525/- and fixation in new scale of pay of Rs.7,025/- by order dated 31.12.2009) was allowed. The Corporation had not placed the enquiry report or the proceedings pertaining to the enquiry before the Labour Court, nor any such documents before the High Court. Holding that the Labour Court was left with no other option and that the Court was not inclined to entertain the petition given the manner of defence, B.Pugalandhi, J. dismissed the writ petition with no costs and closed the connected miscellaneous petition (WMP(MD)No.10973 of 2022).

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Dated : 16.10.2025

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CORAM

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THE HONOURABLE MR. JUSTICE B.PUGALENDHI

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WP(MD)No.15328 of 2022 and

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WMP(MD)No.10973 of 2022

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The Management, Tamil Nadu State Transport Corporation (Madurai Division) Limited, Bye-pass Road, Madurai – 10.

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... Petitioner

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versus

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General Secretary, Tamil Nadu State Transport Corporation, National Employees Union (INTUC) Registration No.MDU/257, 3/4A Pattukottai kalyana Sundaram Street, Opp. to PRC Head Office, Bye-pass Road, Madurai.

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... Respondent

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Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to the impugned order dated 02.07.2020 passed by the Labour Court, Madurai, in I.D.No.22 of 2017 as illegal and quash the same.

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1/4

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https://www.mhc.tn.gov.in/judis

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For Petitioner : Mr.J.Senthil Kumaraiah For Respondent : Mr.G.M.Xavier

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ORDER

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The Management of the Transport Corporation has preferred this writ petition as against the award passed by the Labour Court, Madurai in ID.No.22 of 2017 dated 02.07.2020.

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2.The above said industrial dispute was raised by the respondent/Trade Union as against the punishment imposed on its member, who is working as Conductor, for his unauthorized absence. The said employee was imposed with punishment of reducing five stages in the basic pay of Rs.7,525/- and he was fixed with new scale of pay of Rs.7,025/-, by an order of punishment dated 31.12.2009. The Labour Court has allowed the said industrial dispute considering the manner in which the Transport Corporation has defended the case.

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2/4

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https://www.mhc.tn.gov.in/judis

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3.It appears that the Corporation has not even placed the

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enquiry report and also proceedings pertaining to the enquiry before the Labour Court. Therefore, the Labour Court left with no other option has allowed the industrial dispute. Even before this Court, no such documents/materials were placed.

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4.Considering the manner in which the case has been defended by the Transport Corporation, without even placing the enquiry proceedings and enquiry report, this Court is not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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16.10.2025 NCC : Yes / No gns To The Labour Court, Madurai

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3/4

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https://www.mhc.tn.gov.in/judis

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B.PUGALENDHI, J.

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gns

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WP(MD) No.15328 of 2022