The General Manager v. The General Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD)No.6058 of 2022 The General Manager, Tamilnadu State Transport Corporation, Tirunelveli Ltd., Tirunelveli Region, Tirunelveli.

... Petitioner -vsThe General Secretary, Nellai District Transport Employees Union, In Front of State Transport Head Office, Tirunelveli - 627003.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records from the Labour Court, Tirunelveli relating to the impugned award passed by it in I.D.No.57 of 2017 dated 09.05.2019 and quash the same.

For Petitioner : Mr.K.Sathiya Singh For Respondent : Mr.S.Arunachalam

ORDER

This Writ Petition has been filed seeking the issuance of a Writ of Certiorari to quash the impugned award passed by the Labour Court in I.D. No.57 of 2017, dated 09.05.2019.

2. The brief facts of the case are that one K.Palani Kumarasamy, who was working as a Driver in the petitioner Transport Corporation and was also a member of the respondent Union, was involved in an accident. A domestic enquiry was conducted after framing charges, and it was found that the said employee was responsible for the accident. Consequently, the punishment of stoppage of increment for three years with cumulative effect was imposed.

3. Questioning the said punishment imposed in the domestic enquiry, the respondent Union raised an Industrial Dispute before the Labour Court. The Labour Court, after enquiry, set aside the punishment and directed the petitioner to pay the salary increment due along with the attendant monetary benefits. The Labour Court further directed that the workman be paid 50% of his salary and 50% of other allowances for the period of temporary suspension, treating such period as duty.

4. The learned counsel for the petitioner submits that the Labour Court erred in interfering with the findings rendered in the domestic enquiry and contends that the Labour Court has not correctly appreciated the evidence.

5. Having considered the submissions, this Court finds that it is not sitting in appeal over the factual findings of the Labour Court in an Industrial Dispute. It is also not the petitioner's case that there was any procedural violation in the Labour Court proceedings.

6. The Writ Petition, which seeks to set aside the award of the Labour Court on factual grounds, cannot be entertained. Accordingly, the Writ Petition fails and is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

NCC : Yes / No (K.SURENDER, J.) Index : Yes / No 02.12.2025 smn2

To:- The General Secretary, Nellai District Transport Employees Union, In Front of State Transport Head Office, Tirunelveli - 627003.

K.SURENDER , J.

smn2 02.12.2025