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Madras High CourtWP/10160/2019allowed

The Management v. The Special Deputy Commissioner

2022-11-25Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.Nos.10722 & 31141 of 2019 The Management, Metropolitan Transport Corporation, (Chennai) Ltd., Pallavan Illam, Anna Salai, Chennai - 600 002.

...Petitioner

Vs.

1.The Special Deputy Commissioner of Labour, D.M.S Complex, IV Floor, Teynampet, Anna Salai, Chennai - 600 006.

2.Thiru.M.Nagesh ..Respondents Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the order passed in A.P.No.10 of 2017 dated 27.11.2018 on the files of the 1st respondent herein and quash the same.

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For Petitioner : Mr.R.Ramanlal Additional Advocate General Assisted by Mr.M.Chidambaram For R1 : Mr.P.Kumaresan Additional Advocate General Assisted by Mr.S.John J.Rajasingh Additional Government Pleader For R2 : Mr.S.T.Varadarajulu

ORDER

The order passed by the 1st respondent in A.P.No.10 of 2017 dated 27.11.2018 is sought to be quashed in the present writ petition.

2. Metropolitan Transport Corporation Chennai Limited is the petitioner, who filed the Approval Petition under Section 33(2)(b) of the Industrial Disputes Act, 1947.

3. The first respondent-Special Deputy Commissioner of Labour adjudicated the issues as per the principles laid down by the Hon'ble Supreme Court of India in the case of Lalla Ram vs. DCM Chemical Works Ltd [(1978) 3 SCC 1].

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4. Accordingly, the 1st respondent formed an opinion that he was not in a position to decide, whether the enquiry was conducted in compliance with the principles of natural justice or not. Consequently, he found that prima facie case has not been made out. However, it is a case of victimization and DA was not paid.

5. As far as the first issue is concerned, if the Management has not produced any files, then the 1st respondent, who is a Quasi-Judicial authority, is empowered to call for the records from the Management and decide the issues on merits and in accordance with law. Contrarily, the 1st respondent cannot simply make a finding that he is not in a position to form an opinion regarding the compliance of rules of natural justice. Such a finding shows that the 1st respondent has not scrutinized the records available with the Management. When the Quasi-Judicial authorities, while adjudicating the issues, is empowered to call for the records from the Management. Instead of deciding the issues on merits, they cannot simply form an opinion that they are unable to decide the issues. Such a finding is untenable. The disciplinary proceedings were initiated. An enquiry was 3/6

conducted. Thus, files must be available with the Management. Under those circumstances, files are to be scrutinized and the authorities competent are bound to look into the files for forming an opinion, whether the procedures as contemplated were followed or not and an opportunity was provided to the charged official or not.

6. In the present case, no such exercise had been done by the 1st respondent. Thus, it is to be remanded back for fresh adjudication. Accordingly, the order passed in A.P.No.10 of 2017 dated 27.11.2018 is quashed and the matter is remanded back to the 1st respondent for fresh consideration. The parties are at liberty to submit additional documents and evidences available with them and on receipt of the same, the 1st respondent is directed to examine the entire records with reference to the procedures followed and the opportunities provided to the charged official and thereafter pass orders by affording an opportunity to all the parties and decide the issues as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order. 4/6

7. With these directions, the writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed. 25.11.2022 Index : Yes Speaking order:Yes kak To 1.The Special Deputy Commissioner of Labour, D.M.S Complex, IV Floor, Teynampet, Anna Salai, Chennai - 600 006.

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S.M.SUBRAMANIAM, J.

kak 25.11.2022 6/6