The Management v. M. Sathishkumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P.No. 8356 of 2025 The Management, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Illam, Anna Salai, Chennai - 600 002.
... Appellant Vs.
M.Sathishkumar, Senior Conductor-c-14476, No.9/7, Nallakinaru Street, Ambattur, Mangalapuram, Chennai - 600 098.
... Respondent Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, against the order dated 29.02.2024 made in W.P.No.5114 of 2024. For Appellant : Mr.R.Ramanlal Additional Advocate General assisted by Mr.A.Vinothraj 1/5
J U D G M E N T
(Judgment of the Court was made by R.SUBRAMANIAN, J.) Since no approval was taken for dismissal of the petitioner, the petitioner was found entitled to reinstatement with back wages and continuity of service, a computation petition was filed in C.P.No.187 of 2018 claiming back wages for the period from December, 2008 to June, 2018. The Labour Court allowed the petition and directed payment of Rs.11,60,818/-. The said order was not complied with, leading to filing of E.P.No.7 of 2021.
2. During the pendency of the EP, the respondent agreed to give employment to the petitioner with continuity of service with all attendant benefits without back wages. This was agreed to. Therefore, the petitioner was reinstated in service on 05.11.2022. However, while fixing the pay of the petitioner, ignoring the fact that he is entitled to fixation with all attendant benefits, his salary was fixed at Rs.27,200/- instead of Rs.50,500/- which was the salary that was paid to the co-employee. This forced the petitioner to approach this Court with a prayer for mandamus directing the appellant to revise the salary. The writ Court, by order dated 29.02.2024 2/5
allowed the writ petition. Aggrieved, the Management is on appeal.
3. We have heard Mr.R.Ramanlal, learned Additional Advocate General appearing for the appellant.
4. Though the learned Additional Advocate General would submit that his salary was fixed on the basis of last drawn pay when he was dismissed, we are unable to countenance the same. Admittedly, dismissal of the petitioner has become non-est, in view of the failure of the Management to take approval from the Labour Court and the CP was also allowed. In the Execution Court, there was a settlement whereby, the employee had foregone back wages to an extent of Rs.11,60,818/-. In these circumstances, the Management was obliged to pay him the salary which his co-worker is being paid. Denying the benefit of salary which is being paid to the coworker would amount to breach of trust on the part of the Management to pay the salary though the Employee is entitled to as a result of the reinstatement.
5. In view of the same, we see no merit in the appeal. This Writ 3/5
Appeal therefore, fails and it is accordingly, dismissed. No costs. Consequently, connected miscellaneous petition is closed. The time granted by the learned single Judge to revise the salary of the petitioner and disburse the same is extended by three months from today. (R.S.M., J.) (G.A.M., J.) 08.04.2025 kkn Index: No Speaking order Note: Issue order copy on 16.04.2025.
To:- The Management, Metropolitan Transport Corporation (Chennai) Ltd., Pallavan Illam, Anna Salai, Chennai - 600 002.
4/5
R.SUBRAMANIAN, J.
and G. ARUL MURUGAN, J.
KKN and C.M.P.No. 8356 of 2025 08.04.2025 5/5