The Management Of Metropolitan v. K Srinivasan, (Driver D56430)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-03-2026

CORAM

THE HON'BLE MR JUSTICE M.DHANDAPANI W.P.No. 7035 of 2026 AND W.M.P.No. 7667 OF 2026 The Management of Metropolitan Transport Corporation (Chennai) Ltd, Rep. by its Senior Deputy Manager (HRD), Pallavan House, Pallavan Salai, Chennai - 600 002. ..Petitioner Vs K Srinivasan, (Driver D56430) A Munavar Basha Conductor (C56839) Rep. by its General Secretary, Government Transport Corporation Workers Union (CITU), No.2, Pallavan Salai, Kalaiaranga Valagam, Chennai-600 002 ..Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari calling for the records pertaining to the order passed in O.P.No.244/2023 dated 15.10.2024 of the 3rd Additional Labour Court, Chennai-600 104.

For Petitioner :

Mr.Balaji For Respondent :

Mr.S.Sakthivel

O R D E R

This writ petition has been filed challenging the award passed by the learned III Additional Labour Court, Chennai dated 15.10.2024 made in O.P.No.244 of 2023, by which, the punishment of postponement of annual increment for one year without cumulative effect imposed upon the delinquent employees viz., the driver and conductor of a bus belonging to the petitioner Corporation, was set aside and the Labour Court directed grant of all consequential benefits to those employees.

2. Learned counsel appearing for the petitioner Corporation submits that, the Labour Court has failed to note that the punishment was imposed upon the delinquent employees was only a cut in the increment without cumulative effect and hence, their apprehension about the punishment having a bearing on their service benefits is unfounded. He further contends that the labour Court has not taken into consideration the counter affidavit filed before it, wherein the Transport Corporation has elaborately detailed about the manner in which the accident took place and the financial burden laid on the Corporation owing to allowing of the MACT OP No.244 of 2023 and hence the punishment imposed upon the delinquent employees was only a lenient and minimal one and

therefore, the Labour Court ought not to have set aside the same. Urging the above points, the learned counsel seeks to set aside the award of the labour court.

3. Per contra, the learned counsel for the respondent employee submits that the Labour Court had gone into the facts and circumstances of the case and also the documents placed before it before coming into the conclusion that the punishment imposed on him was not justified and hence, has set aside the same. He prays for dismissal of the writ petition.

4. Heard the learned counsel for both sides and perused the materials placed on record.

5. At the outset, the order of punishment in question was dated 31.01.2019 and the Union has challenged the same before the Labour Court by way of filing O.P.No.244 of 2023, which was allowed by award dated 15.10.2024. The punishment imposed on the delinquent employees was only postponement of increment for one year without cumulative effect. The said punishment has been considered at length by the Labour Court and was set

aside, of course rightly, on the ground that the charges were said to be proved without conducting domestic enquiry and that as per the Certified Standing Orders of the Corporation, when the charges have not been admitted, an enquiry shall be conducted before awarding punishment. Hence, this Court is not inclined to interfere with the award passed by the labour court at this length of time and fighting over it now would be a vexatious exercise on the part of the petitioner Corporation.

6. For the reasons stated above, this Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 24-03-2026 Index: Yes/No Speaking/Non-speaking order ssb

M.DHANDAPANI J.

ssb AND WMP NO. 7667 OF 2026 24-03-2026