BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 21.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI

W.P(MD)No.9894 of 2021 and

WMP(MD) No.7596 of 2021

The Management,

Tamil Nadu State Transport Corporation (Tirunelveli) Limited.,

Ranithottam,

Nagercoil,

Kanyakumari District. ... Petitioner

Vs

The General Secretary,

Tamilnadu State Transport Employees

Union 4KKM(CITU),

Ranithottam,

Nagercoil,

Kanyakumari District. ...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, by calling for the records relating to the impugned order passed by the Labour

Court, Tirunelveli dated 17.02.2020 passed in I.D.No.117 of 2018.

For Petitioner : Mr.Rajamohan.R,

For Respondent : Mr.S.Arunachalam

Standing Counsel

O R D E R

The Management of the Tamil Nadu State Transport Corporation (Tirunelveli) Limited., Kanyakumari District has filed this writ petition as against the award passed by the Labour Court in ID No.117 of 2018, dated 17.02.2020.

2.The above industrial dispute was raised by the respondent Trade Union on behalf of one of its members, who has been imposed with a punishment of stoppage of increment for a period of three years with cumulative effect. When the said member/ a conductor, namely Rathinamani was on duty in the Transport Corporation of the petitioner Management in TN 74 N 326 in Route No. 37 A, from Nagercoil to Mannargudi, a lady passenger, who boarded the bus asked for a ticket to Suseendram. The conductor has replied the passenger that the particular bus was not going to Suseendram. Soon after his reply, the lady passenger got down from the bus through the front door of the bus, even without ascertaining as to whether the bus has started or not, due to which, she fell down and sustained grievous injuries. She was admitted in Asaripallam Hospital and took treatment. In view of the above accident, the Management has initiated a disciplinary proceedings as against the conductor and the driver of the bus bearing Reg.No.TN 74 N 326. In conclusion of the disciplinary proceedings, both the conductor and the driver were imposed with the punishment of stoppage of increment for a period of three years with cumulative effect. The Conductor has challenged the order of punishment before the Labour Court, Tirunelveli in I.D.No.117 of 2018, through the respondent Trade Union and the same was allowed by an order, dated 17.02.2020. However, the Industrial Dispute raised on behalf of the driver in I.D.No.18 of 2017 was dismissed by the Labour Court, by its order, dated 20.07.2017. The Management has now preferred this writ petition, as against the findings of the Labour Court in I.D.No.117 of 2018.

3.The learned Standing Counsel appearing for the petitioner Management submits that it is not only a fault on the part of the driver and it is also negligence on the part of the conductor, due to which, an accident had occurred on 27.09.2009, wherein a lady passenger, who boarded the transport bus bearing registration number TN 74 N 326 has got down from the moving bus, fell down and also succumbed to injuries. The legal heirs of the deceased passenger have filed a claim petition before the Chief Judicial Magistrate Court, Nagerkoil in MCOP No.70 of 2010 and the same was allowed, wherein, compensation of Rs.2,68,031/- was ordered. According to the learned Standing Counsel, in view of the negligence on the part of the driver and conductor of the Transport Corporation bus, the Management has suffered such a huge loss.

3.1.The learned Standing Counsel further submits that the punishment imposed on the driver has been confirmed by the Labour Court in ID.No.18 of 2017, however, the industrial dispute raised by the conductor in ID.No.117 of 2018 has been erroneously allowed by the Labour Court on surmises and conjectures. The learned counsel has also relied on the relevant portion of the order passed by the Labour Court in ID No.117 of 2018, which is extracted as under:-

''From the recor