The Managing Director v. K.Kumar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P(MD)Nos.13683,13686, 13689, 13693, 13714, 13716 & 13720 of 2025
1. The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam Ltd.,) Kumbakonam.
2. The General Manager, Tamilnadu State Transport Corporation (Kumbakonam Ltd.,) Karur Region, Karur - 639 003.
3. The Branch Manager, Tamilnadu State Transport Corporation (Kumbakonam Ltd.,) Karur Region, Musiri Branch, Trichy - 621 211.
... Appellants/Respondents in WA(MD) No.2407, 2409, 2410 of 2025
1. The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam Ltd.,) Kumbakonam.
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2. The General Manager, Tamilnadu State Transport Corporation (Kumbakonam Ltd.,) Karur Region, Karur - 639 003.
... Appellants/Respondents in WA(MD) No.2408 of 2025
1. The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam Ltd.,) Kumbakonam.
2. The General Manager, Tamilnadu State Transport Corporation (Kumbakonam Ltd.,) Karur Region, Karur - 639 003.
3. The Branch Manager, Tamilnadu State Transport Corporation (Kumbakonam Ltd.,) Karur Region, Karur-II Branch, Karur.
... Appellants/Respondents in WA(MD)No.2411 of 2025
1. The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam Ltd.,) Kumbakonam.
2. The General Manager, Tamilnadu State Transport Corporation (Kumbakonam Ltd.,) Karur Region, Karur - 639 003.
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3. The Branch Manager, Tamilnadu State Transport Corporation (Kumbakonam Ltd.,) Karur Region, Aravakuruchi Branch, Karur.
... Appellants/Respondents in WA(MD) No.2412 of 2025
1. The Managing Director, Tamilnadu State Transport Corporation (Kumbakonam Ltd.,) Kumbakonam.
2. The General Manager, Tamilnadu State Transport Corporation (Kumbakonam Ltd.,) Trichy Region, Trichy.
... Appellants/Respondents in WA(MD) No.2413 of 2025 Vs.
K.Kumar
...Respondent/Petitioner
in WA(MD) No.2407 of 2025 S. Sethuramalingam
...Respondent/Petitioner
in WA(MD) No.2408 of 2025 S. Jeyakumar
...Respondent/Petitioner
in WA(MD) No.2409 & 2410 of 2025 R. Sirumbannan
...Respondent/Petitioner
in WA(MD) No.2411 of 2025 3/8
R. Sivakumar
...Respondent/Petitioner
in WA(MD) No.2412 of 2025 T. Chezhiyan
...Respondent/Petitioner
in WA(MD) No.2413 of 2025 PRAYER in WA(MD) No.2407 of 2025 : Writ Appeal filed under Clause XV of the Letters Patent Appeal, to set aside the order dated 15.03.2024 passed in W.P(MD)No.23111 of 2022.
PRAYER in WA(MD) No.2408 of 2025 : Writ Appeal filed under Clause XV of the Letters Patent Appeal, to set aside the order dated 15.03.2024 passed in W.P(MD)No.3011 of 2024.
PRAYER in WA(MD) No.2409 of 2025 : Writ Appeal filed under Clause XV of the Letters Patent Appeal, to set aside the order dated 15.03.2024 passed in W.P(MD)No.23112 of 2022.
PRAYER in WA(MD) No.2410 of 2025 : Writ Appeal filed under Clause XV of the Letters Patent Appeal, to set aside the order dated 15.03.2024 passed in W.P(MD)No.23071 of 2022.
PRAYER in WA(MD) No.2411 of 2025 : Writ Appeal filed under Clause XV of the Letters Patent Appeal, to set aside the order dated 15.03.2024 passed in W.P(MD)No.23089 of 2022.
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PRAYER in WA(MD) No.2412 of 2025 : Writ Appeal filed under Clause XV of the Letters Patent Appeal, to set aside the order dated 15.03.2024 passed in W.P(MD)No.27371 of 2022.
PRAYER in WA(MD) No.2413 of 2025 : Writ Appeal filed under Clause XV of the Letters Patent Appeal, to set aside the order dated 15.03.2024 passed in W.P(MD)No.5671 of 2023.
For Appellant : Mr.M.Ajmal Khan (in all W.As) Additional Advocate General Assisted by Mr.SC.Herold Singh For Respondents : Mr.D. Anbarasu (in all W.As) COMMON JUDGMENT (Judgment of the Court was made by S.M.SUBRAMANIAM, J.) The Writ Appeals have been instituted challenging the common order dated 15.03.2024 in batch of writ petitions.
2. The writ petitions have been instituted by the drivers/conductors working in the appellants Transport Corporation. Admittedly, they are workmen governed under the Industrial Disputes Act. The service conditions are also governed under the settlements entered into between the management and the Workmen. Therefore, in the considered opinion of this Court that the aggrieved 5/8
Workmen have to raise a dispute before the Labor Court in normal circumstances. However, in the present cases, instead of raising a dispute under the Industrial Disputes Act, writ petitions have been filed challenging the very order of punishment imposed by the management against the Workmen by initiating Departmental Proceedings.
3. The Writ Court quashed the orders of punishment solely on the ground that the punishment imposed is not contemplated under the Standing Orders applicable to the Workmen. However, the Writ Court has not found any fault in the matter of conduct of an enquiry by following the procedures only on the ground that the punishment imposed is not contemplated in the Standing Orders, the punishment orders were quashed. That being so, the Writ Court ought to have remanded the matter back for reconsideration enabling the Disciplinary Authority to take an appropriate decision in accordance with the Standing Orders in force.
4. First of all, the writ petitions in respect of workmen governed under the Industrial Disputes Act are not maintainable in view of the legal principles settled in several judgments. However, in the present cases, the writ petitions were 6/8
entertained and the punishment was quashed solely on the ground stated above. That being so, the Disciplinary Authority must be provided with an opportunity to deal with the misconducts committed and for imposing penalty in consonance with the Standing Orders on merits and in accordance with law.
5. In view of the facts and circumstances, the impugned writ orders dated 15.03.2024 passed in W.P(MD)No.23111 of 2022 etc., batch are set aside and the punishment orders issued to the respondents / Workmen are set aside. Consequently, the matters are remanded back to the Disciplinary Authority for fresh consideration and take a decision in consonance with the Standing Orders, which is applicable to the appellants Transport Corporation and by following the procedures.
6. With these observations, the writ appeals are allowed. No costs. Consequently, connected miscellaneous petitions are closed. (S.M.S., J.) & (G.A.M., J.) 21.08.2025 NCC : Yes / No Index : Yes / No am 7/8
S.M.SUBRAMANIAM, J.
AND G.ARUL MURUGAN , J.
am 21.08.2025 8/8