The General Manager Administration v. The Inspector -Cum- Assistant Commissioner Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.A.(MD)No.185 of 2025 and W.M.P.(MD)No.1153 of 2025 The General Manager (Administration), Tamil Nadu State Transport Corporation, Kumbakonam Limited, No.27, Railway Station New Road, Kumbakonam - 612 001.

... Appellant -Vs1.The Inspector -Cum- Assistant Commissioner Of Labour (Enforcement), Thanjavur.

2. N.Sakthivel

3. The General Manager (Administration), Tamilnadu State Transport Corporation, Kumbakonam Limited, Nagapattinam Region, 140, Public Office Road, Velipalayam, Nagapattinam - 611 001.

... Respondents PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the order passed in WP(MD)No.27412 of 2022 dated 14.02.2023.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.A.Rahul (R2)

JUDGMENT

[Judgment of the Court was made by J.NISHA BANU, J.] This writ appeal has been preferred against the order passed by this Court in WP(MD)No.27412 of 2022 dated 14.02.2023. 2.Heard the learned counsel and perused the materials placed before this Court.

3.Relying on the judgment of this Court dated 19.09.2024 passed in W.A(MD)No.1594 to 1599 of 2024, the learned counsel appearing for the appellant would pray that a similar order may be passed in this appeal also. 4.The Hon'ble Division Bench of this Court in W.A(MD)No.1594 to 1599 of 2024 by order dated 19.09.2024, held as under:- "3.Mr.Ajoy Khose, learned counsel appearing for the 2nd respondent would submit that the judgment of the learned Single Judge in W.P.No. 15461 of 2017, has been confirmed by the Hon'ble Division Bench in W.A.No.362 of 2023 on 03.08.2023. A copy of the

judgment of the Hon'ble Division Bench has also been placed before us.

4.Despite his best efforts, Mr.S.C.Herold Singh, the learned Standing Counsel appearing for the appellant Corporation is unable to pick holes in the judgment of the Hon'ble Division Bench, which is binding on us.

5.Since the employees had also given an undertaking that they will not claim monetary benefits for the period between the date of completion of 480 days till the date of filing of applications, the Corporation will calculate the monetary benefits payable to them and pay the same within a period of 12 weeks from the date of receipt of copy of the order.

6.The Writ Appeals are disposed of with the above observation. No Costs. Consequently, connected miscellaneous petitions are closed. "

5.Thus, in this case also, the appellant Corporation shall calculate the monetary benefits payable to the second respondent herein as per the above order and pay the same within a period of twelve weeks from the date of receipt of copy of this order. Accordingly, this Writ Appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. [J.N.B., J.] & [S.S.Y., J.] 17.02.2025 NCC : Yes / No Index : Yes / No Sm

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Sm W.A.(MD)No.185 of 2025 17.02.2025