w w w . L a w y e r S e r v i c e s . i n



The Management of State, Tamilnadu State Transport Corporation (Villupuram) Ltd., Cuddalore v/s G. Raghu & Another


Company & Directors' Information:- TRANSPORT CORPORATION OF INDIA LIMITED [Active] CIN = L70109TG1995PLC019116

Company & Directors' Information:- S. M. MANAGEMENT PRIVATE LIMITED [Active] CIN = U74140AS2005PTC007642

Company & Directors' Information:- A S TRANSPORT PRIVATE LIMITED [Active] CIN = U60222TN1981PTC008886

Company & Directors' Information:- B K B TRANSPORT PRIVATE LIMITED [Active] CIN = U50300JH1990PTC004226

Company & Directors' Information:- RAGHU MANAGEMENT LIMITED [Active] CIN = U74140WB2003PLC096198

Company & Directors' Information:- C & K MANAGEMENT LIMITED [Active] CIN = U91990TG2000PLC033293

Company & Directors' Information:- M Y TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63090UP2002PTC026917

Company & Directors' Information:- V K TRANSPORT PRIVATE LIMITED [Active] CIN = U22219GJ1997PTC032421

Company & Directors' Information:- S M MANAGEMENT PVT LTD [Not available for efiling] CIN = U74140WB1992PTC002848

Company & Directors' Information:- S M MANAGEMENT PVT LTD [Not available for efiling] CIN = U74140WB1992PTC057260

Company & Directors' Information:- G S TRANSPORT PVT LTD [Active] CIN = U63090WB1989PTC047780

Company & Directors' Information:- G B TRANSPORT (INDIA) PVT LTD [Active] CIN = U63090WB1979PTC032170

Company & Directors' Information:- V A TRANSPORT PRIVATE LIMITED [Active] CIN = U45202WB1996PTC081673

Company & Directors' Information:- H R T TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63031DL1999PTC102593

Company & Directors' Information:- G M TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60100MH1994PTC076183

Company & Directors' Information:- G L TRANSPORT PRIVATE LIMITED [Active] CIN = U60200CH2010PTC032269

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231OR2006PTC027280

Company & Directors' Information:- R AND P TRANSPORT CO. PVT LTD [Active] CIN = U60231DL2006PTC149707

Company & Directors' Information:- V. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U63090DL2004PTC125632

Company & Directors' Information:- C AND M TRANSPORT P LTD [Active] CIN = U60300MH1994PTC078458

Company & Directors' Information:- G R C TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1988PTC044164

Company & Directors' Information:- E C TRANSPORT LTD [Active] CIN = U63090WB1987PLC043252

Company & Directors' Information:- D G R TRANSPORT PRIVATE LIMITED [Active] CIN = U60231TZ2010PTC016521

Company & Directors' Information:- P T TRANSPORT PVT LTD [Strike Off] CIN = U63090WB1989PTC046423

Company & Directors' Information:- TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230OR2007PTC009590

Company & Directors' Information:- C R TRANSPORT COMPANY PRIVATE LIMITED [Strike Off] CIN = U63090DL2002PTC115826

Company & Directors' Information:- A P M TRANSPORT COMPANY LIMITED [Strike Off] CIN = U60231KL1998PLC012555

Company & Directors' Information:- T. G. TRANSPORT PRIVATE LIMITED [Active] CIN = U02710CT2004PTC017051

Company & Directors' Information:- J. T. TRANSPORT PRIVATE LIMITED [Active] CIN = U63031WB2007PTC112457

Company & Directors' Information:- R S R TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TZ1961PTC000392

Company & Directors' Information:- A & A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63010TN2008PTC070171

Company & Directors' Information:- S P TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U74899DL1994PTC059085

Company & Directors' Information:- W P MANAGEMENT INDIA PRIVATE LIMITED [Active] CIN = U40100TG2016PTC112006

Company & Directors' Information:- A B TRANSPORT PRIVATE LIMITED [Active] CIN = U60221RJ2000PTC016701

Company & Directors' Information:- S R MANAGEMENT PRIVATE LIMITED [Active] CIN = U74140MH2000PTC129839

Company & Directors' Information:- G. G. TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210AS2008PTC008576

Company & Directors' Information:- A P K TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60221TN2005PTC058057

Company & Directors' Information:- S P S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090WB1997PTC085564

Company & Directors' Information:- TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210TN1938PTC003051

Company & Directors' Information:- Y H MANAGEMENT INDIA PRIVATE LIMITED [Strike Off] CIN = U93030MH2012PTC238901

Company & Directors' Information:- A G L TRANSPORT PRIVATE LIMITED [Active] CIN = U63090TN2005PTC056306

Company & Directors' Information:- V M G MANAGEMENT PRIVATE LIMITED [Strike Off] CIN = U74140WB2011PTC160061

Company & Directors' Information:- W M TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60210DL2001PTC113547

Company & Directors' Information:- B V M TRANSPORT CO. PRIVATE LIMITED [Strike Off] CIN = U00739KA1998PTC024103

Company & Directors' Information:- A O TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U99999MH1960PTC011783

Company & Directors' Information:- M B MANAGEMENT PVT LTD [Strike Off] CIN = U99999MH1981PTC025914

Company & Directors' Information:- M R TRANSPORT COMPANY PVT LTD [Strike Off] CIN = U63090WB1987PTC042118

Company & Directors' Information:- P P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090DL2003PTC119167

Company & Directors' Information:- D D J TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210PB1996PTC019190

Company & Directors' Information:- M M TRANSPORT PVT LTD [Strike Off] CIN = U60231PB1979PTC004031

Company & Directors' Information:- J P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60231PB1997PTC019652

Company & Directors' Information:- N P TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090OR2012PTC015128

Company & Directors' Information:- A N G TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U60300MH2013PTC246013

Company & Directors' Information:- L M A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC135727

Company & Directors' Information:- K. G. N. TRANSPORT PRIVATE LIMITED [Active] CIN = U74999MH2017PTC301073

Company & Directors' Information:- W P MANAGEMENT INDIA PRIVATE LIMITED [Active] CIN = U45201TG2016PTC112006

Company & Directors' Information:- B S TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U63040TG2015PTC097190

Company & Directors' Information:- K AND A TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60200HP2010PTC031455

Company & Directors' Information:- K. C. TRANSPORT PRIVATE LIMITED [Active] CIN = U63030JK2017PTC009897

Company & Directors' Information:- S N TRANSPORT PRIVATE LIMITED [Under Process of Striking Off] CIN = U60200DL2014PTC264029

Company & Directors' Information:- I & J MANAGEMENT PRIVATE LIMITED [Active] CIN = U93000DL2016PTC292375

Company & Directors' Information:- R J TRANSPORT COMPANY PRIVATE LIMITED [Active] CIN = U63010DL2013PTC248305

Company & Directors' Information:- D C TRANSPORT MANAGEMENT PRIVATE LIMITED [Active] CIN = U63040DL2005PTC133484

Company & Directors' Information:- S. K. T. TRANSPORT INDIA PRIVATE LIMITED [Strike Off] CIN = U60230MP2012PTC028886

Company & Directors' Information:- H AND S MANAGEMENT PRIVATE LIMITED [Active] CIN = U74140KL2005PTC018253

Company & Directors' Information:- D C V TRANSPORT PRIVATE LIMITED [Strike Off] CIN = U60210TZ1960PTC000375

Company & Directors' Information:- P V E TRANSPORT PRIVATE LIMITED [Active] CIN = U60210TN1961PTC004682

Company & Directors' Information:- M A S MANAGEMENT PRIVATE LIMITED [Strike Off] CIN = U74999DL1987PTC029434

Company & Directors' Information:- THE TRANSPORT COMPANY LIMITED [Dissolved] CIN = U99999MH1940PLC010301

Company & Directors' Information:- L AND T (MANAGEMENT) LIMITED [Dissolved] CIN = U99999MH1946PTC004765

    W.P. No. 4710 of 2019 & W.M.P. Nos. 5341 & 5342 of 2019

    Decided On, 01 October 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU

    For the Petitioner: C.S.K. Sathish, Standing Counsel. For the Respondents: R1, A.V. Arun, Advocate, D. Sathyaraj, Special Government Pleader.



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, calling for the records on the file of the Second Respondent in A.P. No. 242/2014 dated 09.04.2018 and quash the same.)(through video conference)Heard Mr. C.S.K.Sathish, Learned Standing Counsel appearing for the Petitioner, Mr. A.V.Arun, Learned Counsel for the First Respondent and Mr. D.Sathyaraj, Learned Government Pleader appearing for the Second Respondent and perused the materials placed on record, apart from the pleadings of the parties.2. The First Respondent, who had been employed as driver in the establishment of the Petitioner, was terminated from service by Order in K.K. No. 1532/D3/TNSTC/K.M./2014 dated 08.09.2014 on the charge that he did not possess the requisite educational qualification of having studied upto Standard VIII for appointment to that post. Since conciliation proceedings relating to an industrial dispute between the Petitioner and the Trade Union in which the First Respondent was a member was then pending before the Second Respondent, the Petitioner had made an application under Section 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the -Act- for short) for approval of termination, but it was rejected by order dated 09.04.2018 in A.P. No. 242 of 2014. Aggrieved thereby, the Petitioner has filed this Writ Petition challenging the same.3. At the outset, it must be pointed out that -misconduct- relates to an act or omission done by the employee after his appointment in service. It the instant case, the charge against the First Respondent relates to production of a bogus certificate in support of his claim that he possess the required educational qualification of having studied upto Standard VIII for appointment as driver in the establishment of the Petitioner. Viewed from that perspective, the termination from service of the First Respondent was actually cancellation of his illegal appointment, which cannot be construed as -misconduct-. Inasmuch as Section 33(2)(b) of the Act contemplates approval of the concerned authority only when the termination arises out of a misconduct committed by an employee, it cannot have any application in this case. In other words, the application submitted by the Petitioner for approval of the termination of the First Respondent, which had not arisen out of any ‘miconduct’, was itself unnecessary and the consequential refusal of approval by the Second Respondent cannot invalidate that termination from service. This would imply that the impugned order does not in any manner confer any right in favour of the First Respondent for reinstatement in service and other monetary benefits.4. This view taken is fortified by the decision of the Division Bench of the Karnataka High Court in P.Jai Singh -vs- BMTC, Central Office, Bangalore (Order dated 05.12.2014 in W.A. No. 6377 of 2013), where it has been held as follows:-12. Having heard the learned counsel for the parties, the only question to be considered in this appeal is:Whether Section-33(2)(b) can be invoked by the appellant when the workman has secured appointment by producing a fake certificate and; whether production of fake certificate and securing appointment amounts to misconduct during the course of the employment under the respondent?”13. Section-33(2)(b) of the I.D. Act, 1947 reads as hereunder:(2) During the pendency of any such proceeding in respect of an industrial dispute, the employer may, in accordance with the standing orders applicable to a workman concerned in such dispute (or, where there are no such standing orders, in accordance with the terms of the contract, whether express or implied, between him and the workman)-(a) Xxxxxx(b) for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that workman;”14. As rightly pointed out by the learned counsel for the appellant, this bench in Writ Appeal No. 5738/2012 held that before dismissing an employee for a misconduct, permission under Seciton-33(2)(b) of the I.D. Act is required. But in the instant case, the question is whether the act of production of fake certificate to secure an appointment has to be considered as a misconduct after becoming the workman of the respondent. So far as this point is concerned, it is an undisputed fact that the appellant herein has not committed any misconduct after he became a workman of the respondent. The allegation in this case is that fraud is played by the appellant in order to secure an appointment. In such circumstances, we are of the view that Section-33(2)(b) of the Act has no application and we cannot find fault in the order of the learned Single Judge in allowing the writ petition of the respondent.15. The object of the Act is for settlement of industrial disputes, to protect the employees from exploitation by the employer and issues of identical nature. But when a person has deliberately submitted a false certificate with an intention to mislead, such a person cannot seek protection under the Act. The Act is meant for honest employees for the purposes as narrated therein. It is not intended for those persons who knowingly and intentionally mislead and cheat the employer. The benefit of the statute therefore cannot be extended to such class of workmen who indulge in fraud, misrepresentation, etc., As the admitted facts would show, a false certificate was submitted knowing it to be false. It was submitted with an intention to mislead and to gain an advantage out of it. Therefore, we are of the considered view that the contentions being advanced with regard to the applicability of certain provisions of the Act, would not come to the aid of the appellant herein in view of the fraud committed by him. The protection of the Act is not intended for a workman of this nature. Moreover the act of t

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he employee amounts to an offence, under Section 198 of IPC of using as true a certificate knowing the same to be false. Hence on these grounds also, no interference is called for.”5. Be that as it may, the First Respondent has filed another Writ Petition in W.P. No. 26435 of 2014 challenging the order of termination dated 08.09.2014 passed by the Petitioner, which has been disposed by this Court in a separate order dated 01.10.2020, and its outcome would govern the rights of the respective parties.Accordingly, the Writ Petition is disposed with the aforesaid clarifications. Consequently, the connected Miscellaneous Petitions are closed. No costs.
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