The Management, v. The Presiding Officer,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2018
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.19352 of 2016 and W.M.P(MD)No.13956 of 2016 The Management, Tamil Nadu State Transport Corporation (Madurai Division) Limited, Bye Pass Road, Madurai-10.
... Petitioner Vs.
1. The Presiding Officer, Labour Court, District Court Buildings, Madurai.
2. The General Secretary, Tamil Nadu State Transport Corporation National Employees Union (INTUC), Registration No.MDU/257, 34/A Pattukottai Kalyana Sundaram Street, Opp.PRC Head Office, Bye Pass Road, Madurai.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records of the first respondent in the proceedings in I.D.No.76/2014 dated 21.11.2015, quash the same. For Petitioner : Mr.A.Jeyaram For R2 : Mr.G.M.Xavier
ORDER
The Transport Corporation is the writ petitioner before this Court. The second respondent herein is a Registered Trade Union. One Vanaraj, a member of the second respondent union was employed as a driver in the petitioner corporation. The bus which he was driving got involved in an accident. In this regard, the management issued a charge memo and domestic enquiry was also conducted. After conclusion of the proceedings, the management imposed the punishment of stoppage of increment for a period of three years with cumulative effect. The Trade Union took up a case of the said Vanaraj. The matter was referred to the Labour Court in I.D.No.76 of 2014, Madurai.
The Labour Court, Madurai, taking into account the totality of the circumstances, by award dated 21.11.2015 modified the punishment imposed on the said Vanaraj into one of stoppage of increment for a period of three https://hcservices.ecourts.gov.in/hcservices/
years without cumulative effect. The same is assailed in this writ petition.
2.Heard the learned counsel on either side.
3.The learned counsel appearing for the management pointed out that since the case arises out of a fatal accident, no interference was required in the matter of punishment. The Labour Court did not consider the issue in its proper perspective and erred in modifying the punishment into a lesser one. 4.The Labour Court is entitled to invoke Section 11 of the Industrial Disputes Act, 1947 in the case of dismissal and discharge, if the circumstances of the case so require. In the present case, the order of punishment imposed on the said Vanaraj was neither dismissal nor discharge. Therefore, the power to modify the punishment into a lesser one was obviously not available in this case. Hence, the award impugned in this writ petition is liable to be quashed. Therefore, the writ petition has to be allowed.
5.The learned counsel appearing for the second respondent would submit that the said Vanaraj was acquitted in the criminal case and he was not guilty of rashness or negligence while driving.
6.In the above circumstances, the matter is remitted to the file of the Labour Court, Madurai for fresh consideration. The writ petition is allowed accordingly. No costs. Consequently, W.M.P(MD)No.13956 of 2016 is closed.
Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To The Presiding Officer, Labour Court, District Court Buildings, Madurai.
RMI VB/JC/SR2/17/05/2018/2P/2C W.P.(MD)No.19352 of 2016 and W.M.P(MD)No.13956 of 2016 08.03.2018 https://hcservices.ecourts.gov.in/hcservices/