Research › Search › Judgment

Madras High Court · body

2023 DAILYLAW 5266 (MAD)

Selvaraj.S v. The Managing Director

WP(MD)/10827/2023 · 2026-07-09

M Dhandapani

Transfer Petitionbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.10827 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P(MD)No.10827 of 2023 S.Selvaraj ... Petitioner Vs The Managing Director, TNSTC (Kumbakonam) Limited, Periamilaguparai, Tiruchirappalli – 1. ... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the Labour Court, Tiruchirappalli pertaining to I.D.No.59 of 2016 dated 20.07.2022 and quash the same and further direct the respondent to reinstate the petitioner / workman with continuity of service, back wages and other benefits. For Petitioner : Mr.S.M.A.Jinnah For Respondent : Mr.S.C.Herold Singh 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.10827 of 2023 ORDER This Writ Petition has been filed challenging the award passed by the Labour Court, Tiruchirappalli in I.D.No.59 of 2016, dated 20.07.2022, and consequently seeking a direction to the respondent to reinstate the petitioner/workman into service with continuity of service, back wages and all attendant benefits. 2.The learned counsel appearing for the petitioner submitted that the petitioner entered the service of the respondent Corporation as a Driver in the year 1990. After rendering about 23 years of service, a charge memo came to be issued alleging that the petitioner had remained unauthorisedly absent for a period of 976 days from 06.02.2013 till the date of his dismissal, namely, 09.10.2015. Pursuant to the disciplinary proceedings, the petitioner was dismissed from service on 09.10.2015. Aggrieved by the order of dismissal, the petitioner raised an industrial dispute before the Labour Court, Tiruchirappalli. By award dated 20.07.2022 passed in I.D.No.59 of 2016, the Labour Court modified the punishment of dismissal into one of compulsory 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.10827 of 2023 retirement. Challenging the said award, the petitioner has filed the present Writ Petition. 3.The learned counsel appearing for the petitioner further submitted that, in view of the modification of the punishment from dismissal to compulsory retirement with effect from 09.10.2015, the petitioner became entitled to all consequential service and terminal benefits for the period from the date of his initial appointment till the date of compulsory retirement. The learned counsel further submitted that, during the pendency of the present Writ Petition, the petitioner attained the age of superannuation in the year 2025. In the above circumstances, the petitioner confines the relief sought for in the present Writ Petition to a direction to the respondent to settle all the terminal and retiral benefits payable to the petitioner, if the same have not already been settled, within a time frame to be fixed by this Court. 4.Heard the learned counsel appearing on either side and perused the materials available on record. 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.10827 of 2023 5.In view of the limited submission made by the learned counsel appearing for the petitioner, without expressing any opinion on the merits of the challenge to the award passed by the Labour Court, this Writ Petition is disposed of with a direction to the respondent to verify the petitioner's entitlement and settle all the admissible terminal and retiral benefits, if not already settled, in accordance with law and the applicable service regulations, within a period of four (4) weeks from the date of receipt of a copy of this order. No costs. 09.07.2026 NCC : Yes / No Index : Yes / No ps 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.10827 of 2023 To The Managing Director, TNSTC (Kumbakonam) Limited, Periamilaguparai, Tiruchirappalli – 1. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.10827 of 2023 M.DHANDAPANI, J. ps W.P(MD)No.10827 of 2023 09.07.2026 6/6 https://www.mhc.tn.gov.in/judis