BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 24.03.2022 PRONOUNCED ON : 02.06.2022 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)Nos.1915 of 2013 and 17830 of 2014 and M.P.(MD)No.1 of 2013 and W.M.P.(MD)No.17452 of 2016 W.P.(MD)No.1915 of 2013:

The Management through the General Manager, Tamil Nadu State Transport Corporation, Madurai Division, Ranithottam, Nagercoil, Kanyakumari District. ... Petitioner vs.

1.The Presiding Officer, The Labour Court, Tirunelveli.

2.N.Babu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records from the 1st respondent Labour Court, Tirunelveli, relating to the impugned award passed by it in I.D No. 31 of 2009, dated 16.06.2012, in so far as it has ordered to reinstate the 2^nd respondent and order to continuance his employment and order to pay salary and legally payable benefits concerned alone and to quash the same.

For Petitioner :Mr.K.Sathiya Singh For R1 : Labour Court For R2 : Mr.M.Gnanagurunathan W.P.(MD)No.17830 of 2014:

N.Babu ... Petitioner vs.

1.The Presiding Officer, The Labour Court, Tirunelveli.

2.The Management through the General Manager, Tamil Nadu State Transport Corporation, Madurai Division, Ranithottam, Nagercoil, Kanyakumari District.

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to calling for the records relating to the impugned award passed in I.D.No.31 of 2009, dated 16.6.2012, in so far as it relates to the rejection of claim of the petitioner towards back wages and to quash the same and consequently, to direct the 2nd respondent herein to grant back wages to the petitioner till the date of reinstatement of the petitioner in to service.

For Petitioner : Mr.M.Gnanagurunathan For R1 : Labour Court For R2 : Mr.K.Sathiya Singh

COMMON ORDER

The Writ Petition in W.P.(MD)No.1915 of 2013 is filed by the Management and the Writ Petition in W.P.(MD)No.17830 of 2014 is filed by the individual, challenging the order of the Labour Court passed in I.D.No.31 of 2009, dated

16.06.2012.

2.The Labour Court has granted the award, cancelling the dismissal order and directed the management to grant continuity of service and other legally eligible benefits. As far as the back wages in concerned, the same was dismissed.

3.In W.P.(MD)No.1915 of 2013, the second respondent was working as Junior Assistant in Kulithurai Branch during the period from 04.08.2004 to 01.09.2004. The allegation against the employee is that while he was working in Tiruvattar Branch as Junior Assistant for issuance of Free Family Pass to the employees of the Transport Corporation, certain irregularities have been committed by the second respondent. On the basis of the domestic enquiry findings, the charges were proved and the second respondent was dismissed from service on 05.04.2007.

4. The contention of the management is that the second respondent ought to issue Free Family Pass, after the petitioner’s approval, then the same ought to be signed the Branch Superintendent and Branch Manager. After satisfying with the genuineness of the request, the Superintendent would direct the Junior Assistant to issue the Free Family Pass. The contention of the respondents is that the delinquent without examining the applications and without getting signature from the Superintendent or the Branch Manager has issued the Family Free pass. The second respondent had not followed any of the procedures and he filled certain forms on his own. The contention of the petitioner is that the only authority to issue the pass is the Branch Manager.

5.In the enquiry report, the Enquiry Officer has stated that the second respondent committed cheating to the tune of Rs.1,42,735.76/-. Based on the enquiry report, the management has dismissed the delinquent from service. Aggrieved over the same, the delinquent has challenged the same in in I.D.No.31 of 2009. During the prelimi