The General Manager v. T.Narasimhan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE N. MALA WP.No.15410 of 2022 The General Manager Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Tirupur Division, Tirupur Petitioner(s) Vs
1. T.Narasimhan 2.The Special Joint Commissioner of Labour DMS Complex, Chennai Respondent(s) PRAYER calling for the records in A.P. No. 293 of 2014 on file of the 2nd respondent dated 31.03.2021 and quash the same.
For Petitioner(s):
Mr.A.Muralivinodh for Mr.A.Sundaravadhanan For Respondent(s):
M/s. S.Girija, for R1 Mrs.M.Jayanthy, for R2
WP.No.22688 of 2021 T.Narasimhan Petitioner(s) Vs 1.The Special Joint Commissioner of Labour DMS Complex, Chennai
2. The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Tirupur Division, Tirupur Respondent(s) PRAYER calling for the records in A.P. No. 293 of 2014 on file of the 2nd respondent dated 31.03.2021 and quash the same.
For Petitioner(s):
M/s. S.Girija For Respondent(s):
Mrs.M.Jayanthy, AGP for R1 Mr.A.Muralivinodh for Mr.A.Sundaravadhanan, for R2 COMMON ORDER Since the facts and issues raised in the two Writ Petitions are common, they are disposed of by this common order. For the sake of convenience, the parties are referred to as per their ranking in WP.No.22688 of 2021. The
petitioner will be referred as workman and the second respondent as Transport Corporation.
2. WP.No.22688 of 2021 has been filed to disburse the workman's terminal benefits including pension due from the date of his superannuation on 30.04.2017 and other legitimate monetary entitlements.
3. W.P.No.15410 of 2022 has been filed by the Transport Corporation to quash the order dated 31.03.2021 passed by the Special Joint Commissioner of Labour in A.P.No.293 of 2014.
4. The petitioner-workman was working as a conductor in the Transport Corporation. While so, the workman was proceeded departmentally, in which proceedings, charges were held to be proved and so, he was dismissed from service. The Transport Corporation filed approval petition in A.P.No.293 of 2014, which was dismissed by the Special Joint Commissioner of Labour. Aggrieved by the same, the Transport Corporation filed WP.No.15410 of 2022. The workman also filed WP.No.22688 of 2021 seeking direction to the
Transport Corporation to settle his terminal benefits since he had attained the age of superannuation on 30.04.2017.
5. On 03.11.2025, when the matter was taken up for hearing, the learned counsel for the petitioner/workman submitted that the workman retired during the pendency of the proceedings before the Labour Court. The learned counsel submitted that the workman was willing to forfeit the backwages and so the Transport-Corporation may be directed to settle the workman's terminal and pensionary benefits, within a time frame fixed by this Court. Thereafter, the matter was adjourned for instructions of the Transport Corporation.
6. Today, when the matter is taken up, the learned Standing Counsel for the Transport Corporation on instructions submitted that the Transport Corporation accepted the workman's offer to forfeit the back wages and therefore, prayed for appropriate orders.
7. Since the workman is willing to forfeit the backwages and the
Transport Corporation has also acceded to the same, the Writ Petitions are disposed of with the following directions:- i) The terminal benefits of the workman shall be settled within a period of six weeks from the date of receipt of a copy of this order.
ii) The pensionary benefits of the workman shall be settled within a period of twelve weeks from the date of receipt of a copy of this order.
No costs. Consequently, connected miscellaneous petition is closed. 05-11-2025 pvs/AP Index:Yes/No Speaking/Non-speaking order Internet:Yes
To
1. The Special Joint Commissioner of Labour, DMS Complex, Chennai
2. The General Manager, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., Tirupur Division, Tirupur
N.MALA J.
pvs/AP WP No. 15410 of 2022 and WP.No.22688 of 2021 05-11-2025