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Madras High CourtWP(MD)/5883/2011dismissed

The Management, v. The Presiding Officer,

2017-10-31Honourable Mr Justice P.D.Audikesavalu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2017 C O R A M THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.(MD)No.5883 of 2011 and W.M.P.(MD)No.1 of 2011 The Management, Tamil Nadu State Transport Corporation, By-Pass Road, Collectorate P.O., Dindigul.

... Petitioner Vs.

1.The Presiding Officer, Labour Court, Trichy, Dindigul Camp.

2.The General Secretary, TNSTC Workers Union(AITUC), 92, Mengils Road, Dindigul.

...Respondents

Prayer : Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Certiorari, calling for the records on the file of the first respondent pertaining to its order passed in I.D.No.213 of 2006 dated 30.04.2009 and quash the same. For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.A.K.Baskara Pandian, (for R1) Special Government Pleader.

Mr.S.Govindan (for R2)

ORDER

This Writ Petition has been filed for seeking a Writ of Certiorari to call for the records pertaining to the order of the first respondent passed in I.D.No.213 of 2006 dated 30.04.2009 and to quash the same.

2.The Labour Court had modified the punishment, imposed by the Disciplinary Authority, withholding the increments for a period of three years with cumulative effect, into that of withholding the increments for a period of three years without cumulative effect. 3.The reason assigned by the Labour Court is that the standing orders of the employer / petitioner does not provide for withholding the increments with cumulative effect.

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4.The learned counsel for the petitioner is unable to point out any error in such finding of the Labour Court based on the standing orders.

5.Hence, this Court does not find any ground to interfere with the award of the Labour Court and hence this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Presiding Officer, Labour Court, Trichy, Dindigul Camp.

2.The General Secretary, TNSTC Workers Union(AITUC), 92, Mengils Road, Dindigul.

+1cc to M/s.S.GOVINDAN Advocate in SR. No. 84596 +1cc to M/s.S.C.HEROLD SINGH Advocate in SR. No. 84404 TA JS/GT/SAR.1/13.11.2017/2P-5C W.P.(MD)No.5883 of 2011 31.10.2017 https://hcservices.ecourts.gov.in/hcservices/