The Management vs S.Geetha
- Court
- Madras High Court
2026:MHC:3725
WA(MD)No.1405 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 08.09.2026
CORAM
THE HON'BLE MR JUSTICE C.V.KARTHIKEYAN
AND
THE HON'BLE MR JUSTICE R.SAKTHIVEL
W.A(MD)No.1405 of 2026 and
CMP(MD) No.12134 of 2026
The Management The Tamil Nadu State Transport Corporation
(Kumbakonam) Limited,
Periyamilaguparai, Trichirappalli,
Trichirappalli District.
... Appellant
- Vs. -
1. S.Geetha W/o. K. Shanmugasundaram (Late),
7/109, Pudhupillar Koil Street,
Vilanthani Aandimada Post,
Perambalur District.
2. The Presiding Officer, Labour Court,
Trichirappalli,
Trichirappalli District.
... Respondents
Prayer in WA(MD). 1405/ 2026 :Writ Appeal filed under Clause 15 of
Letters Patent, against the order passed in W.P.(MD). No. 17020 of 2016
dated 10-02-2025.
For Appellant : Mr.SC.Herold Singh
For Respondents : Mr.K.Viralinathan for R1
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2026:MHC:3725
WA(MD)No.1405 of 2026
JUDGMENT
(Judgment of the Court was delivered by C.V.KARTHIKEYAN, J)
The writ appeal had been filed by the respondents in WP(MD) No.
17020 of 2016 aggrieved by the direction issued by the learned Single Judge
while allowing the writ petition by order dated 10.02.2025.
2. The late husband of the respondent herein K.Shanmugasundaram
was employed as a Conductor in the appellant Transport Corporation.
During his service, he was visited with a charge memo alleging
misappropriation of a sum of Rs.3.50/- and a shortfall of Rs.51/- from the
daily collection. Disciplinary proceedings were initiated. The first charge
nd
was held to be proved. The 2 charge was not held to be proved.
Questioning the said findings, he had filed ID No.25/1999 before the
Labour Court at Trichy. During the pendency of the ID case, he died and
the respondent herein and, also her daughter and son were impleaded as
further petitioners in the ID case. Finally by award dated 11.11.2009, the
labour Court had dismissed ID No.25/1999. This necessitated the
respondent herein to file the writ petition.
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3. The learned Single Judge in his order had noted the meagre amount
for which the entire disciplinary proceedings had been initiated, namely,
Rs.3.50/- and primarily had also observed that for this amount, removal of
service would be perverse. It was also noted that the award of the labour
Court necessarily has to be interfered with and accordingly, the writ petition
was allowed. While allowing the writ petition, further direction had been
issued that the late husband of the respondent is deemed to have continued
in service from 01.10.1997 till 28.08.1996/the date of his death and for that
period, terminal benefits including pension should be paid.
4. The learned counsel for the appellant raised an objection to that
observation by stating that on and from 11.01.1991 employees of the
transport corporation would be inducted in a Contributory Pension Fund
Scheme and that therefore from 01.10.1997 till the date of death ie.,
28.08.1996, there has been no contribution on the side of the late husband
of the respondent. We would not enter into that particular issue, but only
state that the respondent is entitled to be paid the terminal benefits as are
payable to her late husband Shanmugasundaram. The appellant may give a
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working sheet of the terminal benefits to the respondent herein and if the
respondent is aggrieved by that working sheet, necessary objection may be
raised on those issues. The appellant may forward the working sheet of the
terminal benefits payable to the respondent herein on or before 30.10.2026
and thereafter, the respondent may, if require, raise objection and if
objections are raised, the same should be answered and an order should be
passed within a further period of three weeks from the date of receipt of the
said objection.
5. Observing as above, the writ appeal stands disposed of. No costs.
Consequently connected Miscellaneous Petition is closed.
(C.V.K.,J.) (R.S.V,J.)
08.09.2026
NCC : Yes
Index : Yes
RR
To
The Presiding Officer, Labour Court,
Trichirappalli,
Trichirappalli District.
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2026:MHC:3725
WA(MD)No.1405 of 2026
C.V.KARTHIKEYAN, J
AND
R.SAKTHIVEL, J
RR
WA(MD) No.1405 of 2026
08.09.2026
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