The Secretary v. State Express Transport Corporation

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.19103 of 2025 The Secretary State Express Transport Employees Union, 145/1G, Ettayapuram Road, Tuticorin -628002.

J. Joseph (Helper 30655) ... Petitioner Vs.

1.State Express Transport Corporation Rep. By Its General Manager, No.2, Pallavan Salai, Chennai-600 002.

2.The Management M/S. State Express Transport Corporation, Ettayapuram Road, Tuticorin-628002.

... Respondents Prayer :- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus Directing the respondents herein to implement the award of the Labour Court, Tirunelveli passed in I.D. No.2 of 2016 dated 15.07.2016 and pay the consequential benefits to Thiru. J. Joseph, member of the petitioner Union herein with 6 percentage interest by considering the representation dated 19.12.2024.

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For Petitioner : M/s.D.Soundar Raj For Respondent : M/s.S.Siva Subramani, STC for respondents.

O R D E R

The limited relief sought for by the employees Union before this Court is a direction to the respondents to implement the Award of the Labour Court, Tirunelveli passed in ID.No.2 of 2016 dated 15.07.2016 and to pay the consequential benefits to Thiru. J.Joseph, member of the petitioner Union with 6% interest by considering the representation dated 19.12.2020.

2. The short facts are as follows:-

3. One J.Joseph on whose behalf the Industrial Dispute has been raised was working as a Helper in the respondent Corporation at its Tirunelveli Branch. Between the years 2013-14, charges were framed against J.Joseph and a punishment imposed by the respondent Corporation. Aggrieved by the same, the Union had raised an Industrial Dispute before the Labour Court, Tirunelveli in ID.No.2/2016. An award dated 15.07.2016 was passed by the Labour 2/5

Court, Tirunelveli setting aside the punishment imposed by the 2nd respondent and directing the respondents to settle the consequential benefits to J.Joseph. Though the respondents have not chosen to challenge the Award passed by the Labour Court, they have also not implemented the same. The said J.Joseph had sent a representation dated 19.12.2024 to the 1st respondent to implement the award of the Labour Court. However, the same has not been considered to date. Therefore, the Writ Petition.

4. Heard the learned counsel for the petitioner as well as the respondents.

5. In light of the fact that the respondents, who are under an obligation to comply with the Award passed by the Labour Court, Tirunelveli dated 15.07.2016 in I.D. No. 2 of 2016 have failed to implement the same, the Writ Petition is allowed. A Mandamus is issued directing the respondents to implement the Award of the Labour Court, Tirunelveli passed in I.D.No.2 of 2016 dated 15.07.2016 by considering the petitioner's representation dated 3/5

19.12.2024 within a period of 1 month from the date of receipt of a copy of this order. No costs.

23.06.2025 (shr) Index : Yes/No Speaking Order: Yes/No To 1.State Express Transport Corporation Rep. By Its General Manager, No.2, Pallavan Salai, Chennai-600 002.

2.The Management M/S. State Express Transport Corporation, Ettayapuram Road, Tuticorin-628002.

P.T. ASHA . J., 4/5

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