High Court · 2025

WP(MD)No.15332 of 2022BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 23.10.2025CORAM:THE HONOURABLE MR.JUSTICE B.PUGALENDHIWP(MD)No.15332 of 2022andWMP(MD)No.10976 of 2022The Management,Tamil Nadu State Transport Corporation(Madurai) Limited,Madurai Region,Bypass Road, Madurai....PetitionerversusGeneral Secretary,State Transport Labour Union,Regn. No.157/MDU – Link CITU,V.P.Chinthan Ninaivagam,V.O.C. 2nd Street, Arul Nagar,Bypass Road, Madurai – 625 016. ...RespondentPRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records relating to the impugned order dated 09.08.2021 passed by the Labour Court, Madurai, in I.D.No.87 of 2017 as illegal and quash the same. For Petitioner : Mr.J.Senthil Kumaraiah1/12 https://www.mhc.tn.gov.in/judis WP(MD)No.15332 of 2022For Respondent : Mr.S.ArunachalamORDERThe Management of Tamil Nadu State Transport Corporation, Madurai Region, has filed this writ petition as against the award dated 09.08.2021, passed by the Labour Court, Madurai, in I.D.No.87 of 2017. 2. The Industrial Dispute was raised by the respondent Union, challenging the order of punishment imposed by the Management against a Driver, one K.R.Nambiran, who caused an accident on 27.02.2011. 3. The driver K.R.Nambirajan was on duty on 27.02.2011 in a bus bearing Reg.No.TN58N 0609 for the trip from Sivagangai to Melur and while the bus was proceeding in the Kamarajar Nagar stop, one passenger tried to get down from the back-door of the bus and fell down from the bus and sustained injury and subsequently, he died. Therefore, the Management has initiated a disciplinary proceedings as against the driver K.R.Nambirajan, by issuing a charge memo on 10.05.2011 and after conducting an enquiry, the Management has passed an order of 2/12 https://www.mhc.tn.gov.in/judis WP(MD)No.15332 of 2022punishment dated 12.01.2012, imposing stoppage of annual increment for one year with cumulative effect and ordered to treat the suspension period from 02.03.2011 to 31.03.2011 as leave on loss of pay. Challenging the same, the respondent Union has raised the above Industrial Dispute. However, the Management has taken a different stand in the MACTOP claim petition filed by the legal heirs of the deceased before the Motor Accident Claims Tribunal. Considering the two different stands taken by the Management in the disciplinary proceedings and before the MACTOP Tribunal, the Labour Court, by award dated 09.08.2021, allowed the Industrial Dispute by setting aside the order of punishment dated 12.01.2012. Aggrieved by the award dated 09.08.2021, passed by the Labour Court, Madurai, the Management has preferred this writ petition. 4. The learned counsel appearing for the petitioner Management submits that the domestic enquiry was conducted by following due process of law and the workman was provided with sufficient opportunities, however, without considering the manner in which the disciplinary proceedings was conducted, the Labour Court has 3/12 https://www.mhc.tn.gov.in/judis WP(MD)No.15332 of 2022erroneously allowed the industrial dispute. According to him, the different stand taken by the Management shall not affect the conduct of the driver in committing a fatal accident. He further submits that the Full Bench of this Court, in W.P.No.39563 of 2004, dated 01.04.2024, also approved the different stand taken by the Management in the domestic enquiry and also before the MACTOP Tribunal. 5. This Court considered the rival submissions made. 6. The Management of the Transport Corporation has passed an order of punishment dated 12.01.2012 against the Driver K.R.Nambirajan, imposing stoppage of annual increment for one year with cumulative effect, for a fatal accident committed by him. However, on the very same incident, the petitioner/Transport Corporation has taken a different stand before the MACTOP Tribunal that it is due to negligence on the passenger, the accident had caused. When the Transport Corporation had taken two different stands in the disciplinary proceedings and before the MACTOP Tribunal, the Management is not justified in imposing the punishment as against the Driver. 4/12 https://www.mhc.tn.gov.in/judis WP(MD)No.15332 of 20227. A similar issue has already been decided by this Court in W.P.(MD)No.16941 of 2025 dated 01.09.2025 by following the Judgment of the Hon'ble Supreme Court in Mahrashtra SRTC Vs Mahadeo Krishna Naik reported in (2025) 4 SCC 321 as follows:“23. The Latin phrases suggestio falsi and suppressio veri embody concepts of unethical conduct of a party having serious consequences in various fields including law.24. According to Black's Law Dictionary, suggestio falsi is a false representation or a misleading suggestion while suppressio veri connotes suppression of the truth; an indirect lie, whether by words, conduct, or artifice. It is a type of fraud. 25. That the Corporation indulged in the misadventure of suggestio falsi and suppressio veri is incontrovertible. 26. Before the Labour Court, the Corporation did not leave any stone unturned to establish that not only was the inquiry conducted against Mahadeo fair, but the conclusion arrived at in the course of such inquiry that Mahadeo was guilty of misconduct in rashly and negligently driving the bus of the Corporation leading to loss suffered by it was established upon due consideration 5/12 https://www.mhc.tn.gov.in/judis WP(MD)No.15332 of 2022of the materials on record. Having regard to the clear and specific stand taken before MACT in its written statement, which has been quoted above, the Corporation did make a false representation before the Labour Court amounting to suggestio falsi. Also, having not disclosed before the Labour Court the outcome of the proceedings before MACT, a fortiori, that it had not been found liable to pay any compensation to the passengers who either died and were injured based on what the version in the written statement was and the argument advanced on its behalf to absolve itself of any liability, the Corporation is also guilty of suppressio veri. 27. The conduct of the Corporation when Mahadeo was struggling to find a foothold before the Single Judge in view of the contours of judicial scrutiny of awards of industrial adjudicators cannot also escape notice. Perhaps, the Corporation thought that the proceedings before MACT not having been brought to the notice of the Labour Court by Mahadeo previously, he was blissfully ignorant of the same and, therefore, the Corporation would steal a march over him by not making the appropriate disclosure. The Corporation was caught off-guard when Mahadeo produced in the written statement and the award of MACT before the Single Judge in his review petition. 6/12 https://www.mhc.tn.gov.in/judis WP(MD)No.15332 of 202228. The relevance of MACT judgment and its probative value to the case at hand cannot be gainsaid. To be relevant, a piece of evidence relied on by a party must be shown to have some logical connection to the case and its admission would be necessary to prove or disprove a fact. Once the evidence is found to be relevant and is admitted arises the question of its probative value. Probative value, as is well known, refers to the weight or persuasive power of the evidence. It is not always necessary that a piece of evidence found relevant to a case would still demand significant probative value. An assessment has to be made by the court as to how convincing or persuasive the evidence is and how effective it would be to prove or disprove a fact. 29. We are conscious that the law of evidence per se does not apply to industrial adjudication. Nevertheless, the general principles do apply. In any event, in industrial adjudication, principles of natural justice have to be complied with. Fairness in procedure has developed as the third limb of natural justice. The manner in which the Corporation conducted itself before the Labour Court does not behove a creature of a statute. It has been far from fair in its dealings with Mahadeo. 30. The Corporation did not deliberately refer to the award of MACT at two different tiers and thereby 7/12 https://www.mhc.tn.gov.in/judis WP(MD)No.15332 of 2022actively suppressed relevant material from a court of law. We do not propose to enter the arena of controversy as to whether the award of MACT is binding on the Labour Court. However, the Corporation could not have at any rate resiled from what it pleaded in its own written statement before MACT on a sworn affidavit and deliberately withhold the same. This Court has always taken a serious view against suppression of evidence in a judicial proceedings.31. In State of M.P. v. Narmada Bachao Andolan, a three-Judge Bench of this Court observed: (SCC p.706, para 164)“164. It is a settled proposition of law that a false statement made in the court or in the pleadings, intentionally to mislead the court and obtain a favourable order, amounts to criminal contempt, as it tends to impede the administration of justice. It adversely affects the interest of the public in the administration of justice. Every party is under a legal obligation to make truthful statements before the court, for the reason that causing an obstruction in the due course of justice 'undermines and obstructs the very flow of the unsoiled 8/12 https://www.mhc.tn.gov.in/judis WP(MD)No.15332 of 2022stream of justice, which has to be kept clear and pure, and no one can be permitted to take liberties with it by soiling its purity'.”32. Even if we keep the award of MACT aside, it is clear from the pleadings of the Corporation before MACT and the Labour Court that the Corporation has attempted to get the best of both worlds. The contradictory nature of the stances taken by the Corporation before the Labour Court and MACT reeks of the Corporation trying to approbate and reprobate on the same issue. It is bound to cause immense prejudice to Mahadeo if the Corporation is allowed to reverse its stance to suit its own interests. 33. This Court in Union of India v. N.Murugesan while holding that it will be inequitable and unfair if a party is allowed to challenge a position while enjoying its fruits, ruled: (SCC pp.38-39, para 26)“26. These phrases are borrowed from the Scots law. They would only mean that no party can be allowed to accept and reject the same thing, and thus one cannot blow hot and cold. The principle behind the doctrine of election is inbuilt in the concept of approbate and reprobate. Once again, it is a principle of 9/12 https://www.mhc.tn.gov.in/judis WP(MD)No.15332 of 2022equity coming under the contours of common law. Therefore, he who knows that if he objects to an instrument, he will not get the benefit he wants cannot be allowed to do so while enjoying the fruits. One cannot take advantage of one part while rejecting the rest. A person cannot be allowed to have the benefit of an instrument while questioning the same. Such a party either has to affirm or disaffirm the transaction. This principle has to be applied with more vigour as a common law principle, if such a party actually enjoys the one part fully and on near completion of the said enjoyment, thereafter questions the other part. An element of fair play is inbuilt in this principle.” (emphasis supplied)34. The Corporation, without an iota of doubt, being in the dominant position has attempted and achieved success in stealing a march over Mahadeo by indulging in suggestio falsi and suppressio veri. The actions of the Corporation have resulted in Mahadeo being robbed of a stable livelihood and has caused irreparable harm to him. It would not behove any court, much less this Court, to allow such free reign to a party. 10/12 https://www.mhc.tn.gov.in/judis WP(MD)No.15332 of 2022Omission, neglect and/or failure – whatever be the cause – the Corporation's non-disclosure of what its stand was before MACT and what was ultimately held by MACT to the Labour Court as well as the Single Judge is suppression of such high magnitude that it can safely be held to be akin to a clear fraud on court.”8. In view of the above decision of the Hon'ble Supreme Court, there is no reason to interfere with the award of the Labour Court. Accordingly, this writ petition is dismissed. No costs. Consequently connected miscellaneous petition is closed.23.10.2025 Index: Yes / NoInternet: Yes / No.NCC : Yes / No.ogy11/12 https://www.mhc.tn.gov.in/judis WP(MD)No.15332 of 2022B.PUGALENDHI.J.,ogyWP(MD)No.15332 of 202223.10.202512/12