Lordship Justice S.Vaidyanathan directed the Principal Secretary, Transport Department to convene a Board Meeting either through physical mode or VC to decide about the amicable settlement in respect of cases arising out of drivers absenting from duty and causing accidents and posted the matter on 21.06.2021. Full order
Lordship Justice S.Vaidyanathan
directed the Principal Secretary, Transport Department to convene a Board Meeting either through physical mode or VC to decide about the amicable settlement in respect of cases arising out of drivers absenting from duty and causing accidents and posted the matter on 21.06.2021.
W.P.No.31140 of 2018
and W.M.P.Nos.36335 of 2018
& 21806 of 2020
THE MANAGEMENT
TAMIL NADU STATE TRANSPORT CORPORATION(VILLUPURAM) LTD., KANCHEEPURAM DIVISION, PONNERIKARAI, CHENNAI – BANGALORE NATIONAL HIGHROAD, KANCHEEPURAM -6 THIRU P.VELU,
NO.5/37, PERUMAL KOVIL STREET, PARAMPEDU VILLAGE, PUTHUR POST, CHOLAVARAM VAZHI, CHENNAI -600 067.
THE SPECIAL
DEPUTY COMMISSIONER OF LABOUR, D.M.S. COMPOUND, CHENNAI.
Prayer: Direction to call for the records of the 2nd Respondent made in A.P.No.222/2014 dated 18/07/2017 and to quash the same as illegal and against the provisions of the industrial Disputes Act, 1947.
S.VAIDYANATHAN,J.,
When the matter is taken up for hearing, it is represented by Mr.C.S.K.Sathish, learned Standing Counsel for the Petitioner / Management that while the enquiry proceedings are very much available with the Authority, the impugned order was passed, without appreciating the factual aspects and without application of mind, which is contrary to the dictum laid down by the Apex Court in the case of John D’souza vs. Karnataka State Road Transport Corporation reported in 2019 (18) SCC 47 and by following the same, a Single Judge of this Court remanded the matter to the Authority for fresh consideration.
2. It is further represented by Mr.C.S.K.Sathish, learned Standing Counsel that in all cases, which arose on account of absence from duty, a suggestion has been made for settlement, so that the Corporation can save back wages in case of any adverse orders being passed by the Courts and that the dispute between two parties can be resolved by means of settlement. He also represented that there was no convening of Board meeting due to the rapid spread of Covid-19 and that he is not aware as to when the Board meeting is going to be held. This Court posed a question to Mr.C.S.K.Sathish, learned Standing Counsel as to why the purported Meeting cannot be conducted through video conferencing. In response to the said question, he reciprocated that it is for the Government to a call on this issue and the Corporation cannot take any decision on the same.
3. In view of the above submission, Registry is directed to circulate the copy of this order to the Chief Secretary to the Government, who, in turn, can forward the same to the Secretary, Transport Department and collect the details of pending writ petitions from the respective Standing Counsels appearing before the Madras High Court and also before the Madurai Bench of Madras High Court, more particularly in respect of Approval Petitions arising out of absence from duty and causing accident, that have been challenged by way of writ petitions, so that an amicable settlement can be arrived at after the Board takes a decision.
4. The Secretary is expected to convene the Board Meeting at the earliest point of time, preferably during this month itself by physical mode, if possible or else through Video Conferencing, so that a lot of writ petitions that are pending before this Court and Madurai Bench of Madras High Court questioning the orders of Authorities in Approval Petitions, by means of Writ Petitions can be given quietus to and in case the issues are resolved by means of an amicable settlement, there may not be any revenue loss to the Government, even if any adverse orders are passed against the Corporation.
5. This Court has informed Mr.Raghu, learned Standing Counsel (Salem) and Mr.Sundaravathanam, learned Standing Counsel (Coimbatore), Mr.Kathiresan, learned Standing Counsel (State Express Transport Corporation), Mr.Moorthy, learned Standing Counsel (MTC) and Mr.D.Venkatachalam, learned Standing Counsel (Kumbakkonam), who are present before this Court through video conferencing to bring this interim order to the notice of the respective Standing Counsel appearing in the Madurai Bench of Madras High Court. The Government shall take all possible steps / decision to ensure that several litigations pending before this Court in respect of Transport Department are reduced.
Call this matter on 21.06.2021.
