Madras High CourtWP(MD)/22777/2016dismissed

The Management, v. The Presiding Officer,

2018-02-05Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.22777 of 2016 and W.M.P.(MD) No.16289 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 Building, Madurai.

2.The Secretary, Tamil Nadu State Transport Corporation Thozhilar Union (CITU) V.P.Chinthan Ninaivagam, V.O.C.Ninaivagam, Arul Nagar, Bye Pass Road, Madurai - 16.

... Respondents Prayer:This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorari, to call for the records of the 1st respondent's order in I.D.No.43/2014 dated 11.01.2016 and quash the same.

For petitioner : Mr.A.Jeyaram For Respondents : Mr.S.Arunachalam for R2 Labour Court -R1

ORDER

One N.K.Subramani is employed in TNSTC, Madurai Division He https://hcservices.ecourts.gov.in/hcservices/ appears to have committed some misconduct. After holding domestic

enquiry and finding that the charges were proved, the management imposed the punishment of stoppage of increment for a period of one year with cumulative effect. The said punishment was questioned by the second respondent Trade Union before the Labour Court by raising an industrial dispute in I.D.No.43 of 2014 before the Labour Court, Madurai. The Labour Court exercising its power under Section 11(A) of the Industrial Disputes Act, set aside the said punishment vide award dated 11.01.2016. The same is challenged in this writ petition.

2.This Court is of the view the award passed by the Labour Court in a matter of this nature need not be interfered with. The discretionary power of the Labour Court has not been perversely exercised. Therefore, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is also dismissed. Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To The Presiding Officer, Labour Court, Madurai.

W.P.(MD)No.22777 of 2016 and W.M.P.(MD) No.16289 of 2016 05.02.2018 Arul SDS/MR/SAR 1/19.02.2018/2P/2C https://hcservices.ecourts.gov.in/hcservices/