Dismissed¶25

The Management v. General Secretary

Madras HC13 Feb 2025WP(MD)/3745/2025

Case brief

AI extract

What is this about?

Writ of Certiorari under Article 226 against Labour Court award; Tamil Nadu State Transport Corporation (Tirunelveli) management v. State Transport Employees Union; stoppage of increment without cumulative effect; minor vs major penalty; necessity of enquiry before imposing stoppage of increment; Rule (4) of Annexure (V), Transport Corporation Service Rules; O.P.I.D.No.73 of 2020; Labour Court Tirunelveli; award dated 21.12.2023; natural justice/opportunity to defend; writ petition dismissed 13.02.2025.

What did the court decide?

None to the petitioner; writ petition dismissed with no order as to costs and the connected miscellaneous petition (W.M.P.(MD) No.2697 of 2025) closed. ¶25

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

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W.P.(MD) No.3745 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.02.2025

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CORAM

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THE HON'BLE MR.JUSTICE MUMMINENI SUDHEER KUMAR

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W.P.(MD) No.3745 of 2025 and W.M.P.(MD) No.2697 of 2025

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The Management, Tamil Nadu State Transport Corporation (Tirunelveli Limited), Tirunelveli Region, Tirunelveli.

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... Petitioner

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Vs.

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General Secretary, Nellai, Chidambaranar, Kumari District, State Transport Employees Union, Registration No.468/Tvl, 4C, Imperial Compound (upstairs), Peratchiamman Koil Road, Vannarpettai, Tirunelveli-3.

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... Respondent

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Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the impugned award passed by the Labour Court, Tirunelveli in O.P.I.D.No.73 of 2020 dated 21.12.2023 and quash the same.

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_________Page 1 of 4

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

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For Petitioner : Mr.K.Ramaiah

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W.P.(MD) No.3745 of 2025

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ORDER

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This writ petition has been filed challenging the award dated 21.12.2023 passed in O.P.I.D.No.73 of 2020 on the file of the Labour Court, Tirunelveli whereby the Labour Court interfered with the punishment imposed on the workman by the petitioner and imposing the modified punishment of stoppage of increment for a period of one year without cumulative effect.

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A perusal of the impugned award discloses that the learned Labour Court interfered with the said punishment on the ground that the same was imposed without conducting any enquiry and without affording sufficient opportunity to the workman to defend himself.

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Though this writ petition has been filed alleging that there is no necessity of conducting an enquiry as the punishment is only a stoppage of

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_________Page 2 of 4

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

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W.P.(MD) No.3745 of 2025

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increment without cumulative effect, which is a minor penalty, learned counsel for the petitioner after verifying the relevant regulations, fairly submitted that the petitioner is under obligation to conduct an enquiry even in case of imposing punishment of stoppage of increment without cumulative effect, as the same was notified as a major penalty in terms of Rule (4) of Annexure (V) of the Transport Corporation Service Rules.

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In the light of the above, this Court does not find any error or illegality in the impugned award passed by the learned Labour Court and accordingly, this Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

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13.02.2025

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NCC : Yes/No Index : Yes/No Internet : Yes ABR

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_________Page 3 of 4

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

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W.P.(MD) No.3745 of 2025

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MUMMINENI SUDHEER KUMAR, J.