Southern States - Tamil Nadu

HC confirms suspension of transport workers

By Our Staff Reporter

CHENNAI April 24 .The Madras High Court has confirmed the suspension of scores of transport corporation employees against whom action was taken in the aftermath of the November 2001 strike and who are facing criminal charges.

Justice P. Sathasivam, closing petitions from hundreds of employees challenging the suspensions, said, ``the orders against the employees who are facing criminal charges under the IPC, the Tamil Nadu Public Property (Destruction and Loss) Act or any other criminal law are confirmed, and it is for the respective corporation to review their cases once a month''.

However, the suspension of those employees who were charged with violation of the Standing Orders alone should be reviewed and revoked within 30 days.

During the period of suspension, the employees would be entitled to a subsistence allowance in terms of the Standing Orders applicable to them.

The petitioners alleged that the members of DMK— affiliated Labourers Progressive Front alone were singled out for punitive action as the suspension orders issued against members of many other trade unions were revoked. They said the managements had failed to adhere to the procedures such as issuing a charge memo prior to ordering the suspensions.

But, accepting the Additional Advocate-General, R. Muthukumarasamy's submission, the judge said, ``a reading of Clause 20 (a) and (b) of the Standing Order clearly shows that even before laying a chargesheet and getting an explanation from the employees, the corporation is empowered to pass an order of suspension''.

Moreover, all suspension orders contain reasons with reference to misconduct in terms of the Standing Orders as well as criminal action under the provisions of the IPC and the Public Property Act. ``In the light of the fact that the suspension order itself contains reasons, it cannot be contended that it is violative of the Standing Orders''.

Rejecting the charges of victimisation and unfair labour practices, the judge said even a person belonging to the ruling party had been suspended by a management along with the petitioners. ``I am satisfied that the petitioners failed to establish the plea of mala fide,'' the judge said. The Corporation considered individual cases on merit and on the basis of the statement made in the explanation before passing appropriate orders.

``Normally, it is advisable to let the disciplinary proceedings proceed unhindered and ultimately, if exonerated, they (employees) would be entitled to all benefits from the date of suspension,'' Mr. Justice Sathasivam noted.

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