Sivakumar.S v. The Tamil Nadu State Transport Corporation (Madurai) Ltd.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2026 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD) Nos.2389, 2392 to 2396, 2434 to 2437 of 2024 S.Sivakumar ... Petitioner in W.P.(MD) No.2385 of 2024 M.Murukesan ... Petitioner in W.P.(MD) No.2386 of 2024 A.Suresh ... Petitioner in W.P.(MD) No.2387 of 2024 M.Manickavasagam ... Petitioner in W.P.(MD) No.2388 of 2024 K.Meenakshinathan ... Petitioner in W.P.(MD) No.2389 of 2024 K.Sureshkumar ... Petitioner in W.P.(MD) No.2390 of 2024 Vs.
1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., rep. by its Managing Director Bye-pass road Madurai - 625 016.
1/12
2. The General Manager Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region Dindigul - 624 004.
3.A.Arumugam The Managing Director Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-pass road Madurai - 625 016.
4.Deniel Samuel The General Manager Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region Dindigul - 624 004.
... R1 to R4 in all W.Ps 5.The Branch Manager Theni Branch Tamil Nadu State Transport Corporation (Madurai) Ltd., Theni.
6.S.Subramanian The Branch Manager Theni Branch Tamil Nadu State Transport Corporation (Madurai) Ltd., Theni.
... R5 & R6 in W.P.(MD) Nos.2385, 2387 to 2389 of
7. The Branch Manager Palani Branch Tamil Nadu State Transport Corporation (Madurai) Ltd., 2/12
Palani.
... R7 in W.P.(MD) Nos.2385 & 2388 of 2024 5.The Branch Manager Periyakulam Branch Tamil Nadu State Transport Corporation (Madurai) Ltd., Periyakulam.
6.Manivannan The Branch Manager Periyakulam Branch Tamil Nadu State Transport Corporation (Madurai) Ltd., Periyakulam.
... R5 & R6 in W.P.(MD) No.2386 of 2024 7.The Branch Manager Dindigul-1 Branch Tamil Nadu State Transport Corporation (Madurai) Ltd., Nagal Nagar Dindigul.
... R7 in W.P.(MD) Nos.2386 & 2387 of 2024 & R5 in W.P.(MD) No.2390 of 2024 7.The Branch Manager, Dindigul Branch-III, Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul.
... R7 in W.P.(MD) No.2389 of 2024 6.Boominathan The Branch Manager Dindigul-1 Branch Tamil Nadu State Transport Corporation (Madurai) Ltd., 3/12
Nagal Nagar Dindigul.
7.The Branch Manager Cumbum-1 Branch Tamil Nadu State Transport Corporation (Madurai) Ltd., Cumbum Theni District.
... R6 & R7 in W.P.(MD) No.2390 of 2024 Prayer in W.P.(MD) No.2385 of 2024: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, to call for the records pertaining to the impugned order of transfer passed by the second respondent in Ref.No.Admn/P2/303-5 dated 16.01.2024 and consequential order passed by the fifth respondent in Ref.Branch Theni No.32/Tni dated 24.01.2024, quash the same.
Prayer in W.P.(MD) No.2386 of 2024: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, to call for the records pertaining to the impugned order of transfer passed by the second respondent in Ref.No.Admn/P2/303-3 dated 16.01.2024 and consequential order passed by the fifth respondent in Ref.Branch Periyakulam No.810 dated 20.01.2024, quash the same.
Prayer in W.P.(MD) No.2387 of 2024: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of 4/12
Certiorari, to call for the records pertaining to the impugned order of transfer passed by the second respondent in Ref.No.Admn/P2/303-4 dated 16.01.2024 and consequential order passed by the fifth respondent in Ref.Branch Theni No.34/Tni dated 24.01.2024, quash the same.
Prayer in W.P.(MD) No.2388 of 2024: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, to call for the records pertaining to the impugned order of transfer passed by the second respondent in Ref.No.Admn/P2/303-6 dated 16.01.2024 and consequential order passed by the fifth respondent in Ref.Branch Theni No.29/Tni dated 24.01.2024, quash the same.
Prayer in W.P.(MD) No.2389 of 2024: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, to call for the records pertaining to the impugned order of transfer passed by the second respondent in Ref.No.Admn/P2/303-8 dated 16.01.2024 and consequential order passed by the fifth respondent in Ref.Branch Theni No.33/Tni dated 24.01.2024, quash the same.
Prayer in W.P.(MD) No.2390 of 2024: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, to call for the records pertaining to the impugned order of transfer passed by the second respondent in Ref.No.Admn/P2/303-2 5/12
dated 16.01.2024 and consequential order passed by the fifth respondent in Ref.Branch Dindigul-1 No.490 dated 22.01.2024, quash the same.
For Petitioner : Mr.A.Rahul (in all W.Ps) For Respondents : Mr.S.Raja (in all W.Ps) Standing Counsel COMMON ORDER The petitioners are working in the respondent Transport Corporation. They have participated in the strike called for by their union on 09.01.2024 for certain demands. A settlement was arrived between the management and the workers and therefore, no penal action was initiated as against the petitioners, who have participated in the strike on 09.01.2024. However, they have been transferred by the orders impugned in these writ petitions. Alleging that the orders of transfer are in the form of punitive in nature, the petitioners have approached this Court.
2.The learned counsel appearing for the petitioners submits that the petitioners belong to Arasu Pokkuvarathu Thozhilalar Sangam and therefore, they have been targeted and they have been transferred in 6/12
the form of punitive nature, for their participation in the strike on 09.01.2024. The learned counsel for the petitioners has also referred to the judgment of this Court in WP.No.1493 of 2024 filed as against the similar transfer order, wherein this Court its order dated 09.12.2025 set aside the order of transfer on the ground that the power available for transfer from one place to another place is available only in terms Certified Standing Order No.28 and the same is deleted in Standing Order Appeal No.4 of 1995 dated 01.04.2022 by the Principal Labour Court, Chennai. Therefore, the learned counsel for the petitioners attacked the order of transfer that it has been passed without any authority and the same is in punitive in nature. 3.
The learned Standing Counsel appearing for the respondents submits that the petitioners have participated in the strike proposed by a trade union and have stopped the vehicle without completing the entire trip. Hence, disciplinary proceedings was initiated as against the petitioners and charge memo was also issued. Learned Standing Counsel by relying on the judgment of the Hon'ble Supreme Court in National Hydroelectric Power Corporation Ltd. Vs.
undertaking has no legal right to stay in the same place or in the place of his choice.
4.This Court paid its anxious consideration to the rival submissions made and also perused the materials placed on record. 5.The petitioners, who belong to Arasu Pokkuvarathu Thozhilalar Sangam, have been transferred by the order impugned in these writ petitions. The petitioners have challenged the order of transfer that it is punitive in nature for their participation in the strike on 09.01.2024. This averment has not been denied by the respondents and admitted in the counter affidavit filed by them. In a similar writ petition in WP.No.1493 of 2024, this Court, by an order dated 09.12.2025, has set aside the transfer order, holding that the power available for transfer from one place to another place is available only in terms Certified Standing Order No.28 and the same is deleted in Standing Order Appeal No.4 of 1995 dated 01.04.2022 by the Principal Labour Court, Chennai. The relevant portion is extracted as under:-
6. The facts of the present case is not in dispute. Admittedly, the petitioner is employed as a Conductor in 8/12
Dharapuram depot. According to the petitioner, for participation of the strike, he was transferred from Dharapuram to Tiruppur. However, the power available for transfer from one place to another place is available only in terms Certified Standing Order No.28 and the same is deleted in Standing Order Appeal No.4 of 1995 dated 01.04.2022 on the file Principal Labour Court, Chennai.
7.In view of the deletion and further there is a similar order passed in W.A.No.2751 of 2025, this Writ Petition is allowed and the impugned orders are set aside. However, liberty is granted to the respondents to proceed the matter in accordance with law, if the certified standing order is restored. No costs. Consequently, connected miscellaneous petition is closed.
7.In view of the above, the orders impugned in these writ petitions are set aside and these writ petitions are allowed. No costs. Consequently, connected miscellaneous petitions are closed. 28.01.2026 NCC : Yes/No Internet:Yes gns 9/12
To 1.The Tamil Nadu State Transport Corporation (Madurai) Ltd., rep. by its Managing Director Bye-pass road Madurai - 625 016.
2. The General Manager Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region Dindigul - 624 004.
3.A.Arumugam The Managing Director Tamil Nadu State Transport Corporation (Madurai) Ltd., Bye-pass road Madurai - 625 016.
4.Deniel Samuel The General Manager Tamil Nadu State Transport Corporation (Madurai) Ltd., Dindigul Region Dindigul - 624 004.
5.The Branch Manager Theni Branch Tamil Nadu State Transport Corporation (Madurai) Ltd., Theni. 6.S.Subramanian The Branch Manager Theni Branch Tamil Nadu State Transport Corporation (Madurai) Ltd., Theni.
7. The Branch Manager Palani Branch Tamil Nadu State Transport Corporation(Madurai) Ltd., Palani.
5.The Branch Manager Periyakulam Branch Tamil Nadu State Transport Corporation(Madurai) Ltd., Periyakulam.
10/12
6.Manivannan The Branch Manager Periyakulam Branch Tamil Nadu State Transport Corporation(Madurai) Ltd., Periyakulam.
7.The Branch Manager Dindigul-1 Branch Tamil Nadu State Transport Corporation (Madurai) Ltd., Nagal Nagar Dindigul.
7.The Branch Manager, Dindigul Branch-III, Tamil Nadu State Transport Corporation(Madurai) Ltd., Dindigul.
6.Boominathan The Branch Manager Dindigul-1 Branch Tamil Nadu State Transport Corporation(Madurai) Ltd., Nagal Nagar Dindigul.
7.The Branch Manager Cumbum-1 Branch Tamil Nadu State Transport Corporation(Madurai) Ltd., Cumbum Theni District.
11/12
B.PUGALENDHI,J gns WP.(MD)Nos.2385 to 28.01.2026 12/12