Tamil Nadu State Transport v. The Presiding Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.A.No.712 of 2016 Tamil Nadu State Transport Corporation (Villupuram Division-II) Limited Rangapuram Vellore-9 ..Appellant/Petitioner -vs1. The Presiding Officer Labour Court Vellore

2. V.Premkumar ..Respondents/Respondents Appeal under Clause 15 of the Letters Patent, against the order dated 23.06.2014 made in W.P.No.41143 of 2006. WP.No.41143 of 2006: Writ Petition filed under Art 226 of the Constitution of India praying this Court to issue of Certiorari to Call for the records on the file of the first respondent herein and to quash the impugned award passed by the first respondent dated 19.09.2001 made in I.D.No.407 of 1995. For Appellant ::

Mr.P.Paramasiva Doss For Respondents::

Mr.C.V.Vijayakumar for R2/Caveator

JUDGMENT

(Judgment of the Court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel for the appellant/Transport Corporation and the learned counsel representing the second respondent/Driver.

2. In connection with the dereliction of duty by the second respondent-Driver for causing the accident during August, 1993, he was initially kept under suspension and thereafter a domestic enquiry was conducted and he was dismissed from service.

Challenging the dismissal order, the workman raised a dispute in I.D.No.407 of 1995 before the first respondent-Labour Court. Pursuant to the findings of the Magisterial Court in acquitting the second respondent and also considering the fact that the second respondent was not in a position to foresee the happening of the accident due to inevitability, the Labour Court passed an award of reinstatement with full backwages and continuity of service and all other attendant benefits on 19.9.2001. It appears that the said award was challenged by the appellant before the learned single Judge in Writ Petition No.41143 of 2006 after nearly five years and pursuant to the interim order passed in the writ petition, the appellant also deposited the entire backwages. However, while disposing of the writ petition by order dated 23.6.

2014, the learned single Judge, taking into consideration the error or negligence on the part of the second respondent in not avoiding the accident, has modified the award of the Labour Court to 90% of backwages to be paid to the second respondent and the remaining 10% backwages to be withdrawn by the appellant, but confirmed the award on all other aspects. After having kept quiet for more than two years, this writ appeal is filed by the appellant-Transport Corporation.

3. Having heard the learned counsel for the appellant and the learned counsel representing the second respondent, we are of the view that the findings rendered by the Labour Court cannot be called for interference at this stage and rightly the decision has been taken. Further, there is no error as such and also there is no patent illegality to interfere with the order of the learned single Judge. In the circumstances, the appeal does not merit consideration and it is dismissed accordingly. The appellant is directed to settle the terminal benefits to the second respondent within a period of two months from the date of receipt of a copy of this order. Consequently, C.M.P.No.9279 of 2016 is also dismissed. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar ss To

1. The Presiding Officer Labour Court Vellore

2. The Managing Director Tamil Nadu State Transport Corporation (Villupuram Division-II) Limited Rangapuram Vellore-9 +1 cc to M/s.C.V.Vijayakumar Advocate sr.35128 W.A.No.712 of 2016 ctk(co) aa14/07/2016