W.P.No.26435 of 2019 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.04.2025 CORAM : THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.26435 of 2019 A.Soundar ...Petitioner Vs. The Management, Mohanur Sugar Mill Employees Co-operative Stores Limited, S.N.198, Mohanur – 637 015, Namakkal District. ...Respondent Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorarified Mandamus calling for the records relating to the impugned Award dated 29.11.2016 made in I.D.No.89 of 2011 passed by the Learned Labour Court, Salem and quash the same and consequently, direct the respondent to disburse the service benefits to the petitioner. For Petitioner : Mr.N.Manokaran For Respondent : Mr.M.R.Raghavan Page No.1 of 6 https://www.mhc.tn.gov.in/judis W.P.No.26435 of 2019 ORDER This Writ petition has been filed seeking quashment of the award dated 29.11.2016 made in I.D.No.89 of 2011 on the file of the Labour Court, Salem and to consequently, direct the respondent to disburse the service benefits to the petitioner. 2. The case of the petitioner is that, he was appointed as a Salesman in the respondent society on 13.03.1985. While so, another society named Namakkal Co-operative Agricultural Production and Sales Society requested for two employees to be sent on deputation from the respondent society and the said request was considered favourably and the petitioner was one of the employee chosen to be sent on deputation. As the petitioner was not willing to join the other society due to his ill health and family situation, the respondent management issued a charge memo on 11.11.2009 on the ground that the petitioner went on unauthorized absence for a very long time and that he was in illegal possession of thirty two (32) gas passbooks belonging to th customers. though the petitioner submitted an explanation, not satisfied with the same, domestic inquiry was constituted. The Enquiry Officer gave a report against the petitioner and based on the same, the respondent removed Page No.2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.26435 of 2019 the petitioner with effect from 24.12.2010. Challenging the same, the petitioner raised a dispute in I.D.No.89 of 2011 before the Labour Court, Salem and the labour court, on an analysis of the evidence and materials placed before it, confirmed the order of removal passed by the respondent as against the petitioner and negatived the prayer of the petitioner for reinstatement, vide impugned award dated 29.11.2016. Challenging the same, the present Writ petition has been filed. 3. Heard learned counsel on either side and perused the materials available on record. 4. The entire issue is an invitation of the petitioner. Had the petitioner joined the other society on deputation, the present proceedings would not have been initiated by the respondent management. The petitioner ought to have joined the transferred society and then made a representation for re- transferring him to his parent Society. It is seen from the records and the observations of the Labour court that, the petitioner failed to join the society where he was deputed. The petitioner is a resident of Namakkal and the Page No.3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.26435 of 2019 respondent is functioning from Namakkal and the society that sought for deputation is also functioning from Namakkal. It is a rather astonishing as to why the petitioner did not join the other society which is also functioning in the same district. 5. Moreover, the petitioner has addressed his leave letters to the Superior officer and not the sanctioning authority. Further, there is no explanation given by the petitioner as to why he chose some other officer who is not concerned with sanctioning his leave and not sent the letter to the officer who is connected with the day to day functioning of the petitioner. Likewise, the petitioner has not offered any acceptable reason for being in possession of 32 gas passbooks. Initially before the enquiry officer, the petitioner denied having any gas passbooks at all, however, later he gave a letter to the respondent society stating that the said passbooks belong to his relatives and most of the passbooks were expired ones. The volte face of the petitioner with regard to the thirty two (32) gas passbooks goes only against him. Page No.4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.26435 of 2019 6. Just like transfer, deputation is also a part of service. An employee has a right to request for sending him back to his parent society. This he could do only after joining in the deputed place. Likewise, an employee has every right to avail leave on medical ground or other ground after obtaining prior permission from the authorities concerned. In this case, the petitioner has sent leave letters to an authority, who is totally unconnected with sanctioning of leave. Hence, this Court is of the view that, the action taken by the respondent society is perfectly justified and the same was properly analysed and upheld by the labourt, vide impugned award dated 29.11.2016 and thereby, this Court is not inclined to interfere with the same. 7. For the reasons aforesaid, this Writ Petition stands dismissed. No costs. 16.04.2025 skt NCC : Yes/No Index : Yes/No Speaking Order : Yes/No Page No.5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.26435 of 2019 M.DHANDAPANI, J. skt To: The Labour Court, Salem. W.P.No.26435 of 2019 16.04.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis