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Madras High CourtWA/516/2026dismissed

The General Manager v. G. Selvamani

2026-03-02Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K. Surender4 pages

2026:MHC:900

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER and CMP No. 5067 of 2026 The General Manager Tamil Nadu State Transport Corporation (Salem) Ltd, Salem-636 007.

..Appellant(s) Vs

1. G. Selvamani Conductor, Staff No.CR2797, Pachampalayam Village, Bairoji Post, Veerapandi Via, Salem District

2. The Presiding Officer Labour Court, Salem.

..Respondent(s) To set aside the order dated 18-03-2025 in WP.No.3747 of 2016. For Appellant(s):

Mr.M.Aswin For Respondent(s):

Mr.N.Desinghu for R1 R2-Labour Court

Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) The present intra Court Appeal has been instituted to assail the writ order dated 18.03.2025 in W.P.No.3747 of 2016.

2. The facts not disputed between the parties would show that the 1st respondent was holding the post of Conductor in Tamil Nadu State Transport Corporation (Salem Ltd.) and disciplinary proceedings were initiated against him for unauthorised absence. He was dismissed from service. However, the Approval Petition filed by the Management was dismissed. Thereafter, the workmen preferred C.P.No.253/2013. The rejection order passed in the approval petition came to be challenged by the Transport Corporation in W.P.No.33174/2013. The Writ Court passed a final order on 20.02.2025 directing the appellant to settle the terminal benefits, since the workman reached the age of superannuation and on the date of superannuation, no disciplinary proceedings was pending and the approval petition filed was also rejected.

3. In respect of C.P.No.253 of 2013, the Management has filed other two writ petitions in W.P.Nos.3747 & 3748 of 2016. The Writ Court, considered the issues with reference to the earlier order dated 20.02.2025 in W.P.No.33174 of 2013 and dismissed the writ petition.

4. The fact remains that no disciplinary proceedings was pending against the workman as of now. He reached the age of superannuation and the retiral benefits are yet to be settled on account of the pendency of C.P

before the Labour Court. The C.P. also reached finality, since the writ petitions filed by the appellant in W.P.Nos.3747 & 3748 of 2016 were dismissed by writ Court on 18.03.2025.

5. In view of the above fact, the appellant has not made out any acceptable ground for the purpose of entertaining the intra-Court Appeal and the Management is bound to settle all the terminal and retiral benefits as applicable under the Rules in favour of the workman. Accordingly, the Writ Appeal stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S.,J.) (K.S.,J.) 02-03-2026 Index: Yes/No Speaking/Non-speaking order VSI To

1. G. Selvamani Conductor, Staff No.CR2797, Pachampalayam Village, Bairoji Post, Veerapandi Via, Salem District

2. The Presiding Officer Labour Court, Salem.

S.M.SUBRAMANIAM J.

AND K.SURENDER J.

VSI and CMP No. 5067 of 2026 02-03-2026