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2026 DAILYLAW 45183 (MAD)

The Management v. The General Secretary

CRP(MD)/252/2026 · 2026-07-02

M Dhandapani

Transfer Petitionbody2026

Judgment text

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C.R.P(MD)No.252 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2026 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.R.P(MD)No.252 of 2026 and C.M.P(MD)No.1015 of 2026 The Management, Tamil Nadu State Transport Corporation (Tirunelveli) Limited, Tirunelveli Region, Vannarpettai, Tirunelveli – 627 003. ... Petitioner Vs The General Secretary, Nellai, Chidambaranar, Kanyakumari District, Government Transport Employees Union, Registration No.468/TL1, 4C, Imperial Compound (Upstairs), Municipal Amman Koil Road, Vannarpettai, Tirunelveli – 627 003. ... Respondents PRAYER: Civil Revision Petition filed under Section 115 of the Code of Civil Procedure, 1908 to set aside the order dated 08.12.2025 passed in E.P.No.05 of 2025 in O.P.I.D.No.72 of 2018 on the file of the Labour Court, Tirunelveli. 1/6 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.252 of 2026 For Petitioner : Mr.P.F.Ferlin Castro For Respondents : Mr.K.Guhan Standing Counsel ORDER This Civil Revision Petition has been filed challenging the order dated 08.12.2025 passed in E.P.No.5 of 2025 in I.D.No.72 of 2018 on the file of the Labour Court, Tirunelveli. 2.Heard the learned counsel appearing for the petitioner Corporation and the learned counsel appearing for the respondent. 3.The learned counsel appearing for the petitioner Corporation submitted that the respondent had raised an industrial dispute challenging the punishment order dated 23.01.2017, which was taken on file as I.D.No. 72 of 2018 before the Labour Court, Tirunelveli. The Labour Court, by its award dated 24.10.2019, allowed the Industrial Dispute and directed the 2/6 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.252 of 2026 petitioner Corporation to pay the monetary benefits arising out of the punishment, if the punishment had already been implemented. Aggrieved by the said award, the petitioner Management filed W.P(MD)No.17802 of 2025 before this Court. The said Writ Petition came to be dismissed by order dated 13.08.2025. Alleging non-implementation of the award, the respondent filed E.P.No.5 of 2025. By the impugned order dated 08.12.2025, the Labour Court directed the petitioner Corporation to pay the monetary benefits, failing which an arrest warrant would be issued against the Managing Director of the Corporation. Challenging the said order, the present Civil Revision Petition has been filed. 4.The learned counsel appearing for the petitioner Corporation further submitted that the monetary benefits had already been paid to the respondent. However, owing to inadvertence, the said fact was neither brought to the notice of the Labour Court nor placed before this Court. He therefore prayed for appropriate orders. 3/6 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.252 of 2026 5.Per contra, the learned counsel appearing for the respondent employee submitted that this Court may grant an interim order insofar as the proposed arrest is concerned for a period of two weeks and direct the petitioner Corporation to file a calculation memo before the Labour Court indicating the payments already made to the respondent. He further submitted that, after affording an opportunity of hearing to the respondent employee, the Labour Court may be directed to dispose of the Execution Petition in accordance with law. 6.In view of the above submissions, this Civil Revision Petition is disposed of with a direction to the petitioner Corporation to file a calculation memo before the Labour Court, Tirunelveli, within a period of two weeks from the date of receipt of a copy of this order. Till then, no coercive steps shall be taken against the petitioner Management insofar as the proposed arrest is concerned. Upon receipt of the calculation memo, the Labour Court shall afford an opportunity of hearing to the respondent employee and thereafter dispose of E.P. No.5 of 2025, in accordance with 4/6 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.252 of 2026 law, within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, the connected Miscellaneous Petition is closed. 02.07.2026 NCC : Yes / No Index : Yes / No ps To The Labour Court, Tirunelveli. 5/6 https://www.mhc.tn.gov.in/judis C.R.P(MD)No.252 of 2026 M.DHANDAPANI, J. ps C.R.P(MD)No.252 of 2026 02.07.2026 6/6 https://www.mhc.tn.gov.in/judis