The Madurai Bench of the Madras High Court has imposed a cost of ₹10,000 on Tamil Nadu State Transport Corporation (TNSTC), Tirunelveli Region, for an irresponsible litigation.
The court was hearing the petition filed in 2021 by the Tamil Nadu State Transport Corporation, Tirunelveli Region, against an order passed by the Labour Court in Tirunelveli. The Nellai Chidambaranar, Kumari District State Transport Corporation Employees Union had raised the industrial dispute against the punishment imposed by TNSTC against a driver, who caused an accident.
In 2005, the driver Madasamy who was driving the TNSTC vehicle from Tenkasi to Nagercoil hit a Multi Utility Vehicle coming from the opposite direction near Aralvaimozhi. Disciplinary proceedings were initiated against him. He was imposed with a punishment of recovery of ₹25 in one instalment from his salary and his suspension period was treated as punishment.
The union raised the industrial dispute before the Labour Court in Tirunelveli. However, the transport corporation failed to defend the industrial dispute. There was no representation. The Labour Court passed an ex parte order in favour of the union. Thereafter, the transport corporation filed an interlocutory application with a delay of 373 days to set aside the ex parte award. The Labour Court rejected the interlocutory application. Challenging the same, the petition was filed.
Justice B. Pugalendhi observed that the Labour Court had passed an ex parte award in 2013. To set aside the ex parte award, the transport corporation had filed the interlocutory application with a delay of 373 days. There was some lacuna. It appears that the interlocutory application was returned twice for defects by the Labour Court.
It was not properly re-presented. The reason for the delay of 373 days was stated as work pressure. The interlocutory application was dismissed by the Labour Court in 2016. The transport corporation preferred the petition only in 2021, the court observed.
The transport corporation claims that it is running at a heavy loss. The facts and circumstances of the case itself would show the manner in which the management is functioning. It is clear that there is no proper administration and accountability. Therefore, the transport corporation is running at a loss, the court observed.
The transport corporation has a battalion of teams in the legal section. However, the transport corporation allowed the industrial dispute to set ex parte in 2013, the court observed. The court dismissed the petition with a cost of ₹10,000 payable to High Court Legal Services Authority. TNSTC, Tirunelveli Region, shall recover the cost from officers responsible for lapses, the court directed.
Published – November 04, 2025 09:31 pm IST
