The Managing Director, v. Smt.Sakila Begum,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.34159 of 2013 & M.P.No.1 of 2013 The Managing Director, Tamil Nadu State Transport Corporation, (Coimbatore) Limited, No.37, Mettupalayam Road, Coimbatore.

...Petitioner

Vs..

1.S.Senthilkumar 2.The Presiding Officer, Labour Court, Coimbatore.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records of the second respondent dated 14.09.2013 passed in I.A.No.1546/2013 in I.D.No.416 of 2002 and quash the same. For Petitioner : Mr.P.Kannan Kumar For Respondent : Mr.V.Ajay Khose (for first respondent)

ORDER

This writ petition is filed by the Tamil Nadu State Transport Corporation (Coimbatore) Limited, to set aside the order passed by the second respondent in I.A.No.1546/2012 in I.D.No.416 of 2002 dated 14.09.2013.

2.The workman Mr.S.Senthilkumar raised an industrial dispute challenging the order of dismissal. While so on 24.07.2012 the counsel appearing on behalf of the first respondent herein made an endorsement that they have no objection regarding the domestic enquiry conducted by the management of the Transport Corporation. Subsequently it was represented before the Labour Court that the said endorsement 1/3

was made by mistake of fact, as some vital facts of the domestic enquiry and issues arising out of the same were missed by oversight. The learned counsel represented that during the verification of the entire enquiry report it was found that the said domestic enquiry had been conducted in violation of the principles of natural justice and that the findings of the enquiry officer were also perverse. Thus, he filed an Interlocutory Application to struck down the endorsement made by the learned counsel for the first respondent herein. 3.The said application was objected by the writ petitioner/ management and the Labour Court arrived at a conclusion that workman Mr.S.Senthilkumar had specifically attacked the fairness of the enquiry and correctness of the findings of the Enquiry Officer.

Under these circumstances the respondent/Transport Corporation cannot take any undue advantage of the said endorsement made by the learned counsel appearing for the workman. Thus, the Labour Court arrived at a conclusion that in the event of allowing the Interlocutory Application no prejudice would be caused to the Management of the Transport Corporation. 4.This Court is of the opinion that there is no perversity or infirmity in respect of the findings. The endorsement made by the learned counsel by mistake and cannot be taken undue advantage by the Management. All the issues are to be adjudicated on merits. This being the factum, this Court is not inclined to interfere with the order passed by the Labour Court and consequently the order passed by the second respondent/Labour Court dated 14.09.2013 in I.A.No.1546 of 2012 in I.D.No.

416 of 2002 is confirmed and the writ petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed. The labour Court is directed to proceed with the Industrial Dispute and dispose of the same as expeditiously as possible.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar mrm 2/3

To The Presiding Officer, Labour Court, Coimbatore.

+1cc to Mr.P.Kannan Kumar Advocate, S.R.No.100314 W.P.Nos.34159 of 2013 aa03/02/2020 3/3