The Management of Vs the Special Deputy — Writ and Judicial Review | Madras HC (2025)

The Management of Vs the Special Deputy — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Second respondent entitled to terminal benefits computed by taking date of superannuation as date of service; employer's PF contribution payable from appointment till superannuation (including dismissed period) solely for that computation; no back wages and no annual increments for the dismissed period; terminal benefits payable within 12 weeks; writ disposed with no costs and connected miscellaneous petitions closed.

Issue for consideration

Whether the writ of certiorari seeking quashing of the first respondent's order in A.P. No. 312 of 2013 dated 11.04.2016 (rejecting the punishment proposal against the second respondent) should succeed. +1 more

Court's answer

Since the affected employee has already attained superannuation (recorded as age 65), remanding the matter to the first respondent would produce no fruitful outcome; accordingly the Court disposed of the writ rather than adjudicating the quashing question further.

Ratio / Principle

The date of superannuation may be taken as the date of service, and the second respondent is entitled to terminal benefits.

Key takeaways

The writ petitioner (employer) shall grant the employer's contribution to the provident fund from date of appointment till date of superannuation, expressly including the period from dismissal to superannuation, solely for calculating terminal benefits.ratio¶¶28
The employee is not entitled to back wages from the date of dismissal to the date of superannuation.ratio¶¶28
The dismissal-to-superannuation period shall nevertheless be calculated for the purpose of computing terminal benefits, but no annual increments are payable for that period.

Detailed headnote1 paragraphs

Writ petition (certiorari under Article 226) by the Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, seeking to quash the order of the Special Deputy Commissioner of Labour, Chennai, in A.P. No. 312 of 2013 dated 11.04.2016, which rejected the management's proposal to impose punishment on its employee (second respondent, D. Sangili), charged with a fatal accident on 21.04.2013 — per the management, his fourth fatal accident — after disciplinary enquiry the charges were held proved and he was dismissed from service on 22.11.2013. Observing that the affected employee has already attained superannuation (age 65) so that remand to the first respondent would yield no fruitful result, the Court disposed of the writ: the date of superannuation is to be taken as the date of service; the employer must pay the employer's provident fund contribution from appointment until superannuation, expressly including the dismissed period, solely to compute terminal benefits payable within 12 weeks; no back wages and no annual increments accrue for the dismissal-to-superannuation period, though it counts towards terminal-benefit calculation. Connected miscellaneous petitions closed; no costs. (S. Srimathy J., Madurai Bench, 27.02.2025.)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 27.02.2025

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P.(MD)No.24278 of 2016 and

W.M.P(MD)Nos. 3286 & 17536 of 2016

The Management of Tamil Nadu State Transport Corporation [Kumbakonam] Limited, Trichy Region, Tiruchirapalli – 620 001. ... Petitioner

− Vs. -

The Special Deputy Commissioner of Labour, Chennai.

D. Sangili ... Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari, calling for the records relating to the order passed by the 1^st respondent in A.P. No. 312 of 2013 dated 11.04.2016 and to quash the same.

1/6

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

For Petitioner : Mr.S.C. Herold Singh For Respondents : M/s.D. Farjana Ghoushia

Special Government Pleader, for R-1 Mr.A.Rahul, for R-2

ORDER

This Writ petition is filed to quash the order passed by the 1st respondent in A.P. No. 312 of 2013 dated 11.04.2016.

2. Heard both sides and perused the material documents available on

records.

The first respondent has rejected the proposal to impose

punishment on the second respondent. The charge against the second respondent is that he committed a fatal accident on 21.04.2013.

According to the writ petitioner/management, the second

respondent had already committed three fatal accidents and committed the fourth

2/6

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

fatal accident. As a result, disciplinary proceedings were initiated, after enquiry the charges were held to be proved, thereafter was dismissed from service on 22.11.2013.

It is seen from the records that the petitioner has already attained superannuation, as on date the petitioner is 65 years old. If the matter is remanded back to the first respondent, no fruitful outcome would be arrived at.

Therefore, this Court is of the considered opinion that the date of superannuation may be taken as the date of service, and the 2^nd respondent is entitled to terminal benefits. However, the writ petitioner, being the employer, shall grant the employer's contribution to the provident fund from the date of appointment till the date of superannuation (which is including from the date of dismissal to date of superannuation). And this is only for the purpose of calculating the terminal benefits. However the employee is not entitled to back wages from the date of dismissal to the date of superannuation, but the said period

3/6

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

shall be calculated for the purpose of calculating the terminal benefits. Further the petitioner is not entitled to any annual increments for the said period. The terminal benefits shall be paid within a period of 12 weeks from the date of receipt of a copy of this order.

Accordingly, this Writ Petition is disposed of. No Costs.

Consequently, connected miscellaneous petitions are closed.

Index : Yes / No 27.02.2025 Internet : Yes

KSA

4/6

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

To

The Special Deputy Commissioner of Labour, Chennai.

5/6

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

S.SRIMATHY, J

KSA

Order made in W.P.(MD)No. 24278 of 2016

27.02.2025

6/6

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