The Management, South India v. The Presiding Officer,

ORDER This writ petition is filed to quash the impugned order, dated

20.04.2009, received on 04.09.2013 passed in I.D.No.187 of 2000.

¶2Heard Mr.C.Karthikeyan, the Learned Counsel appearing for the petitioner and Mr.L.Shaji Chellan the Learned Counsel appearing for the 2nd respondent and perused the material documents placed on record.

¶3The 2nd respondent was an employee of the Writ petitioner and he was working as a Driver. On 10.06.1999, the 2nd respondent has used one way road, thereby violating the traffic rules and regulations, hence, the Tuticorin Central Traffic Police Station registered a case against the 2nd respondent and directed him to bring the lorry to Central Police Station.

¶4The contention of the management is that the 2nd respondent without informing the said registration of case has taken a lorry and he was in Transporting from 06.30 p.m. to 09.30 p.m. Therefore, the management has issued a Show Cause notice, dated 05.07.1999 and after enquiry he was dismissed from service on 17.09.1999. Aggrieved over the same, he raised a dispute before the 1st respondent in I.D.No.187 of 2000. The management has contested the I.D. Finally, the Labour Court has passed order, dated 20.04.2009, directing the management to reinstate the 2nd respondent in the Chennai Unit and not in the Thoothukudi Unit, since the Thoothukudi Unit was closed. The relevant portion of the order passed by the Labour Court is as under: ..... "kDjhuhpd;

gzp

ePf;fkhdJ

rl;l

epiyapy; nry;yj;jf;fjy;y

vd;Wk;>

J}j;Jf;Fbf;

fpisapy; kDjhuUf;F;g gzp toq;fhtpl;lhYk; $l kDjhuiu nrd;id fpisapNyh my;yJ NtW fpisapNyh gzp toq;fyhk; vd;W Nfhhp eptuhzk; ngWtjw;F kDjhuUf;Fr; rl;l epiyapy; chpik cs;sJ vd;W ,e;ePjpkd;wk; jPh;khdpf;fpwJ. "

¶5The contention of the 2nd respondent is that due to economic condition, accommodation in Chennai is a difficult task and also shifting the family is not feasible hence, he is not in a position to join in the Chennai Unit.

¶6In view of the above, this Court is of the considered opinion that the 2nd respondent cannot straightaway rejected the reinstatement granted by the management at Chennai office. The 2nd respondent ought to have joined at Chennai, thereafter ought to have requested to transfer to Thoothukudi or in and around Thoothukudi. Since the 2nd respondent has failed to do so and rejected the offer of the management, the 2nd respondent cannot claim reinstatement with backwages.

¶7Furthermore, this writ petition has been filed in the year 2014, as on date, the 2nd respondent has attained superannuation.

¶8The impugned order passed by the Labour Court, dated

20.04.2009, is hereby set aside. By considering all the facts stated supra, the 2nd respondent cannot be granted reinstatement. However, the 2nd respondent is entitled to some compensation. The petitioner is directed to pay a sum of Rs. 50,000/-as full quit, to the 2nd respondent.

¶9With these observations and directions, this Writ Petition is disposed of. There shall be no order as to Costs. Consequently, connected petition is closed. Index : Yes / No

19.06.2023 Internet : Yes

ksa To

¶1The Presiding Officer, Labour Court, Tirunelveli.

¶2The Labour Officer, Trivandrum Road, Palayamkottai, Tirunelveli. S.SRIMATHY, J ksa

19.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2023 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY and M.P(MD)No.1 of 2014 The Management, South India Corporation Limited, 5/210, Tiruchendur Road, Muthiahpuram. Tuticorin - 5 Represented by its Whole Time Director Thiru.S.V.Raamaswamee ... Petitioner Vs. 1. The Presiding Officer, Labour Court, Tirunelveli. 2. S.Mariappan 3. The Labour Officer, Trivandrum Road, Palayamkottai, Tirunelveli. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records in relating to the Award passed by the first respondent in I.D.No.187 of 2000 dated 20.04.2009 but received from the 3rd respondent only on 04.09.2013 and to quash the same. For Petitioner : Mr.C.Karthikeyan For R-1 & R-3 : Labour Court For R-2 : Mr.L.Shaji Chellan