Authority: Supreme Court of India
Order Date: 12 August 2026
Case Overview
- Parties: Appellant M. Sakrvarthi Vinayaka Saravanan, a workman employed by The Management Tamil Nadu State Transport Corporation (Kumbakonam) Limited (respondent).
- Background: The appellant was dismissed on 29 June 2019 following a domestic inquiry alleging misappropriation of funds. The respondent filed Approval Petition No.107 of 2019 before the Special Joint Labour Commissioner, Chennai, under Section 33(2) of the Industrial Disputes Act, 1947. The Commissioner rejected the petition on 5 March 2021, deeming it belated and finding the dismissal an unfair labour practice.
- High Court Proceedings: Respondent filed Writ Petition No.14191/2021; a Single Judge dismissed it on 1 August 2021, holding a six‑day delay in filing the approval petition justified rejection. The Division Bench in Writ Appeal No.3077/2021 (order dated 29 February 2024) set aside the Single Judge’s order, holding there was no delay.
- Issues on Appeal: Whether a six‑day delay in dispatching the approval petition is fatal; whether the Division Bench should have remanded the matter for merits.
Final Outcome
- The Supreme Court granted special leave to appeal, accepted the Division Bench’s view that the six‑day delay is not fatal, but remanded the matter to the learned Single Judge for adjudication on merits.
- The Single Judge is directed to expedite the pending writ petition and dispose of it within six months from the order date.
- No opinion on the merits of the dismissal is expressed; the appellant may file an application under Section 17B of the Industrial Disputes Act, 1947.
- The appeal and any pending applications are disposed of.
Topics: Labour Law, Court Proceedings, Transport Sector