The Management v. General Secretary

ORDER In the present Writ Petition, the Management, namely, Tamil Nadu State Transport Corporation, Tirunelveli Limited, has questioned the Award passed by the Labour Court in I.D.No.89 of 2017, dated 11.10.2019.

¶2Briefly, the facts of the case are that the employee, namely, S.Balamurugan, was working as a Conductor in the petitioner Transport Corporation. While he was on duty, the bus in which he was working was checked, and it was found that he had caused a revenue loss of Rs.26/- to the Transport Corporation. Therefore, a show cause notice was issued to him. The said Balamurugan explained that the tickets of different denominations were in the very same bundle and that he had issued the tickets by mistake. He further stated that he realized the mistake when one of the passengers pointed it out.

¶3Though an explanation was submitted, the Management deemed it appropriate to impose the punishment of stoppage of increment for two years with cumulative effect, by order dated 29.05.2015. Aggrieved by the same, the employee raised an industrial dispute. The Labour Court, by the impugned Award, set aside the punishment and further directed that if the punishment had already been implemented, the employee shall be paid arrears of wages accordingly.

¶4Aggrieved by the said Award, the Management is before this Court.

¶5The learned counsel for the petitioner / Management submitted that the Labour Court committed an error in setting aside the punishment imposed by the Management and that, at best, the Labour Court ought to have reduced the punishment instead of setting it aside in entirety. It was contended that the act of the employee resulted in a revenue loss of Rs.26/- to the Transport Corporation.

¶6Having perused the records, this Court finds that the explanation offered by the employee was that tickets of different denominations kept in the same bundle were issued by oversight. The said explanation was accepted by the Labour Court. Considering the nature of duties performed by a Conductor and the working conditions under which he functions, this Court is of the view that the explanation given by the said Balamurugan cannot be found fault with.

¶7As already noted, it was a solitary instance of issuance of wrong tickets, resulting in a loss of Rs.26/- to the Transport Corporation. Having regard to the reasoning assigned by the Labour Court, this Court does not find any ground to interfere with the Award passed by the Labour Court. The Writ Petition is devoid of merits and is accordingly dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

¶8At this juncture, the learned counsel for the respondent submitted that the punishment had already been implemented.

¶9In view of the above, as directed by the Labour Court, the amount so deducted shall be paid to the said Balamurugan in the form of arrears within a period of twelve weeks from the date of receipt of a copy of this order.

NCC : Yes / No (K.SURENDER, J.) Index : Yes / No

20.01.2026 smn2 K.SURENDER

, J.

smn2

20.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2026 CORAM: THE HONOURABLE MR.JUSTICE K.SURENDER and W.M.P.(MD)No.5089 of 2022 The Management, Tamil Nadu State Transport Corporation Tirunelveli Limited, 19, Trivandrum Road, Vannarpettai, Tirunelveli - 627 003. ... Petitioner -vs- General Secretary, Nellai District Transport Employees Union, In front of the Head Office of the Tamil Nadu State Transport Corporation (Tirunelveli) Ltd., Vannarapettai, Tirunelveli - 627 003. ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned order passed by the Labour Court, Tirunelveli, dated 11.10.2019, passed in I.D.No. 89 / 2017 and quash the same. For Petitioner : Mr.R.Rajamohan For Respondent : Mr.S.Arunachalam