P. Ravichandran v. General Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.07.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE AND The HON'BLE MR.JUSTICE T.S.SIVAGNANAM P.Ravichandran .. Appellant/Writ Petitioner Vs 1.The General Manager Tamil Nadu State Transport Corporation Kumbakonam Ltd., Kumbakonam, Tanjore District.
2.The Assistant Manager (Disciplinary Proceedings) Tamil Nadu State Transport Corporation Kumbakonam Ltd., Pudukottai Region, Pudukottai District.
3.The Enquiry Officer Tamil Nadu State Transport Corporation Kumbakonam Ltd., Pudukottai Region, Pudukottai District.
... Respondents/Respondents PRAYER: Appeal under Clause 15 of the Letters Patent Act, against the order dated 27.11.2020, passed in W.P.(MD).No.8851 of 2015 For Appellant : Mr.J. Barathan For Respondents : Mr.D.Sivaraman, Standing Counsel for TNSTC Prayer in WP(MD). 8851/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Certiorari call for the enquiry report passed by the 3rd respondent in enquiry no.T3/340 dated 26.6.2014 and the order of punishment passed by the 2nd respondent in proceeding No.TaAaPoKa/Kumba/Pudhu/Ts/T3/340 dated 31.3.2015 and quash the same as illegal.
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JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.] The appellant is the writ petitioner who challenged an order of punishment dated 31.03.2015 passed by the respondent Transport Corporation for having caused a fatal accident. Learned Single Bench, by the order impugned, dismissed the writ petition holding that the petitioner has to approach the Labour Court as the alternative remedy is an effective remedy.
2. We find that learned Single Bench has referred to an earlier decision in W.P.(MD) No.10416 of 2009, which may not be of much relevance to the case on hand. Admittedly, disputed question of facts are involved and whether the order of punishment was justified or not needs to be adjudicated, which cannot be done in a summary proceedings based on affidavits in a petition under Article 226 of the Constitution. Therefore, to that extent, we agree with the findings of learned Single Bench in directing the appellant to approach the Labour Court.
3. Accordingly, we dispose of this appeal by giving liberty to the appellant to approach the concerned Labour Court and if the appellant does so within a month from the date of receipt of a copy of this judgment and order, the respondent Transport Corporation shall not raise the ground of limitation that the claim petition has been filed belatedly.
4. W.A.No.1088 of 2021 disposed of. There will be no order as to costs.
Sd/- Assistant Registrar (P&A) // True Copy // / /2021 Sub Assistant Registrar(CS) MNR Note :
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To 1.The General Manager Tamil Nadu State Transport Corporation Kumbakonam Ltd., Kumbakonam, Tanjore District.
2.The Assistant Manager (Disciplinary Proceedings) Tamil Nadu State Transport Corporation Kumbakonam Ltd., Pudukottai Region, Pudukottai District.
3.The Enquiry Officer Tamil Nadu State Transport Corporation Kumbakonam Ltd., Pudukottai Region, Pudukottai District.
+1 CC to M/s.T.R.JEYAPALAM, Advocate ( SR-24847[F] dated 02/08/2021 ) +1 CC to M/s.D.SIVARAMAN, Advocate ( SR-24808[F] dated 30/07/2021 ) 30.07.2021 NA(CO) LR (06.08.2021) 3P 6C 3/3