M.Saminathan v. The Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.(MD) No.23245 of 2025 M.Saminathan : Petitioner Vs.

1. The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam Ltd, Pugaivandi Nilayaputhiyasalai, Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation, Kumbakonam Ltd, Thirumanilayur, Karur Division, Karur.

3. The Assistant Manager, Tamil Nadu State Transport Corporation, Karur Division.

4. The Branch Manager, Tamil Nadu State Transport Corporation, Kumbakonam Ltd, Aravakurichi Branch, Karur.

: Respondents 1/6

P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to consider the representation sent by the petitioner on 23.07.2025 and allow the petitioner to participate the enquiry along with office bearers of the union as per rule 30(viii)(e) of the new standing order of the respondent corporation. For Petitioner : Mr.K.Muthu Ganesa Pandian For Respondents : Mr.K.Ramaiah

ORDER

This writ petition has been filed seeking a direction to the respondents to consider the representation made by the petitioner dated 23.07.2025 and allow the petitioner to participate the enquiry along with office bearers of the union as per rule 30(viii)(e) of the new standing order of the respondent corporation.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The petitioner was appointed as a Driver in the respondent Corporation and he is facing disciplinary proceedings. The petitioner 2/6

sent a representation to the respondents to allow him to participate in the enquiry along with his officer bearers of the union as per Rule 30(viii)(e) of the new Standing Order of the respondent Corporation. The same has not been considered till date. Hence, this writ petition came to be filed.

4. The learned counsel appearing for the petitioner would submit that the petitioner's representation may be considered and orders may be passed thereon.

5. The learned standing counsel appearing for the respondents would submit that the petitioner is entitled to assist co-workman or any office bearer of the Union. However, he refused to appear for enquiry.

6. Considering the submissions made on either side, the petitioner is directed to participate in the enquiry along with the co-worker or any one officer bearer of the union on the next date of enquiry. If the petitioner fails to appear for enquiry on the next date of hearing, the respondents are directed to conclude the disciplinary proceedings in the manner known to law.

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7. With the above direction, this writ petition is disposed of. There shall be no order as to costs.

26.08.2025 Index : Yes / No NCC : Yes / No sm 4/6

To:-

1. The Managing Director, Tamil Nadu State Transport Corporation, Kumbakonam Ltd, Pugaivandi Nilayaputhiyasalai, Kumbakonam.

2. The General Manager, Tamil Nadu State Transport Corporation, Kumbakonam Ltd, Thirumanilayur, Karur Division, Karur.

3. The Assistant Manager, Tamil Nadu State Transport Corporation, Karur Division.

4. The Branch Manager, Tamil Nadu State Transport Corporation, Kumbakonam Ltd, Aravakurichi Branch, Karur.

5/6

M.DHANDAPANI, J.

Sm W.P.(MD) No.23245 of 2025 26.08.2025 6/6