G.Shanmugasundaram v. The Zonal Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE C.KUMARAPPAN and C.M.P.Nos.14349 and 14351 of 2024 G.Shanmugasundaram ... Appellant Vs.

The Zonal Manager, Bank of India, 324, Oppanakara Street, Coimbatore.

...Respondent

PRAYER: Appeal is filed under Clause 15 of the Letters Patent for issuance of a Writ of Certiorari, to set aside the order dated 13.09.2023 passed in W.P.No.22620 of 2004 on the file of this court. For Appellant : Mr.P.V.Balasubramaniam Senior Counsel for Mr.K.R.Arun Shabari For Respondent : Mr.S.Gopinath

JUDGEMENT (Judgement of this Court was delivered by M.S.RAMESH.J) The only grievance of the appellant herein seems to be that the claim of the Management that they have supplied the documents, is incorrect. This factual objection was raised by the appellant before the Central Government Industrial Tribunal cum Labour Court, Chennai, which was negatived by recording that when the required documents were offered to the appellant, he had sought for an adjournment.

2. When an offer has already been made to the appellant to receive the documents which he had sought for and he had not availed the offer, it cannot be strictly said that it is in violation of the principles of natural justice. The learned Single Judge had also recorded this aspect and rejected the Writ Petition, by observing that the appellant has attempted to stall the enquiry proceedings. When the learned Single Judge, as well as the Central Government Industrial Tribunal cum Labour Court have recorded certain factual aspects, this Court sitting on an appeal will not venture to interfere into such disputed facts.

3. In this background, we do not find any infirmity or illegality in the order of the learned Single Judge. Accordingly, this Writ Appeal stands dismissed. No Costs. Consequently, the connected miscellaneous petitions are closed.

[M.S.R., J] [C.K., J] 09.09.2024 Index: Yes/No Anu

M.S.RAMESH, J.

and C.KUMARAPPAN , J.

Anu and C.M.P.Nos.14349 and 14351 of 2024 09.09.2024