P.Kavitha vs The Management of Tamil Nadu Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, rep. by its General Manager, Karaikudi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Mad) 33715

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR, J
P.Kavitha – Appellant
Versus
The Management of Tamil Nadu Transport Corporation (Kumbakonam) Ltd., Karaikudi Region, rep. by its General Manager, Karaikudi – Respondent

Advocates:
For the Petitioners: Mr.S.Arunachalam
For the Respondent: Mr.S.C.Herold Singh

Table of Content
1. challenge to rejection of heirs' application to set aside ex parte dismissal approval. (Para 1 , 2 , 3)
2. review of arguments and prior division bench ruling limiting heirs' locus. (Para 4 , 5)
3. supreme court allows heirs to continue proceedings; application maintainable. (Para 6 , 7 , 8)
4. impugned order quashed; merits reconsideration directed. (Para 9)

ORDER

The petitioners challenge the order dated 14.02.2024 passed by the Special Joint Commissioner of Labour (Conciliation), Chennai, in I.A. No. 10 of 2021 in A.P. No. 97 of 2019. By the said impugned order, the application filed by the petitioners to set aside the ex parte order dated 23.12.2019 was rejected.

2.The respondent/Management had filed an application under Section 33(2)(b) of the Industrial Disputes Act, 1947, seeking approval for the dismissal of one Thiru Padmanathan, Driver. The said application was allowed on the ground that the workman had neither entered appearance in person nor was represented by any authorised representative to defend his case. Consequently, the approval sought by the respondent Management for the order of dismissal was granted.

3.The workman died on 07.07.2021. Thereafter, t

Click Here to Read the rest of this document