BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.10.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI and WMP.(MD)No.732 of 2022 General Secretary Tamil Nadu State Transport Corporation, Thesiya Thozhilalar Sangam Regd.No.MDU/257

3/4-A, Pattukottai Kalyana Sundaram Veethi Opposite to PRC Headquarters Union, (Reg.No.157/MDU-CITU)

Byepass Road, Madurai ... Petitioner Vs.

The Management, Tamil Nadu State Transport Corporation (Madurai) Limited, Byepass Road, Madurai. ... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, to call for the records of the Labour Court, Madurai in ID.No.10/2017 and quash the award dated 10.12.2020 passed therein.

For Petitioner : Mr.G.M.Xavier For Respondent : Mr.K.Ramaiah

ORDER

The petitioner/Trade Union has preferred this writ petition as against the award passed by the Labour Court, Madurai in ID.No.10 of 2017 dated 10.12.2020.

2.One M.Chinnasamy, conductor of the respondent/

Transport Corporation, was issued with charge memo that he has collected Rs.78/- from 6 passengers and re-issued the tickets that were sold in previous trip and thereby committed misappropriation of Rs.78/-. The Checking Inspector found that 6 previous trips tickets were issued to 6 passengers and submitted his inspection report. Based on the same, enquiry was conducted as against the conductor, M.Chinnasamy. After enquiry, punishment of stoppage of annual increment for a period of three years with cumulative effect was imposed as against the conductor on 28.02.2015 and treating the period of suspension as leave on loss of pay. Aggrieved over the same, the conductor has filed an appeal before the Managing Director of the respondent corporation and in the appeal punishment has been reduced that of increment cut for 2 years with cumulative effect. He has also filed another appeal, however, it was dismissed. Thereafter, industrial dispute has been raised through Trade Union and a reference has been made by the Labour and Employment Department of Government of Tamil Naud vide Government Order in GO.(D)No.43 dated 31.01.2017 under Section 10(1)(C) and 10(1)(d) of the Industrial Dispute Act for adjudication before the Labour Court. The Labour Court has considered all the materials and dismissed the dispute raised by the Trade Union that domestic enquiry was conducted by following the principals of natural justice and there is no reason to interfere with the findings of the enquiry officer and the punishment imposed on the delinquent. Challenging the same, the petitioner/Trade Union has preferred this writ petition.

3.The learned counsel appearing for the petitioner submits that the Trade Union has filed a reply statement to the counter affidavit filed by the Management. However, the contention of the Trade Union in the reply statement has not been considered by the Labour Court. According to him, passengers from whom the utilized tickets have been recovered, have not been examined. The cash bag was examined and there is no excess amount. Even then, he was found guilty that he has misappropriated the amount to the tune of Rs.78/-. The request made to cross examine the checking inspector was also not considered by the Labour Court. The statements of the passengers were not placed before the Labour Court.

4.This Court has considered the submissions made by the learned counsel for the petitioner.

5.In fact, as against the award passed by the Labour Court dated 10.12.2020, this writ petition has been filed in the year 2022. When this writ petition has been listed for admission, on 21.01.2022, a request has been made on behalf of the petitioner and therefore, case was adjourned to 28.01.2022. Thereafter, this writ petitioner has not been taken up for hearing and the petitioner has also not prosecuted the case. This writ petition is still pending without even issuing notice to the respondent. Therefore, this Court proceeds with the findings of the Labour Cour