Madras High CourtWP(MD)/19415/2016dismissed

The Management v. The Presiding Officer,

2018-03-08Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2018

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD).No.19415 of 2016 and W.M.P(MD)No.13991 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, 3/4A 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.88/2014 dated 27.10.2015, quash the same.

For Petitioner :

Mr.A.Jeyaram For R2 :

Mr.G.M.Xavier

ORDER

The management of TNSTC, Madurai is the writ petitioner. One U.Mokkasamy member of the second respondent trade union was employed as a driver in the petitioner corporation. He was involved in a case of fatal accident. Therefore, he was proceeded against departmentally. He was found guilty of the charge framed against him and the punishment of stoppage of increment for a period of six moths with cumulative effect was imposed on him. The second respondent trade union raised an industrial dispute and it was referred to Labour Court in I.D.No.88 of 2014. https://hcservices.ecourts.gov.in/hcservices/

2.The Labour Court noted that the order of punishment was bereft of particulars and did not contain any reasons. It was also seen that show cause notice and consequential order were issued in a mechanical way and without any application of mind. Eye witness to the accident was not examined. Therefore, taking into account the circumstances, the Labour Court allowed the I.D. The order impugned in this writ petition is based on sustainable grounds and does not warrant any interference. There is no merit in this writ petition. The writ petition stands dismissed. No costs. Consequently, W.M.P(MD)No.13991 of 2016 is closed. Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To The Labour Court, Madurai.

W.P.(MD).No.19415 of 2016 and W.M.P(MD)No.13991 of 2016 08.03.2018 RMI RAM/SV MMS/SAR 1/07.06.2018/2P/2C https://hcservices.ecourts.gov.in/hcservices/