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2014 DIGILAW 1912 (MAD)

M. Marimuthu v. Tamil Nadu Tea Plantation Corporation Ltd.

2014-07-03

D.HARIPARANTHAMAN

body2014
Judgment : 1. Heard both sides. The issue lies in a very narrow compass. 2. It is the case of the petitioner that the respondent Corporation cannot proceed with the disciplinary proceedings, after his retirement, since there is no power vests with them, like in the case of a Government employee. According to him, in the case of a Government employee, the Pension Rules provides for continuation of disciplinary proceedings, even after retirement. But there is no such rule in the respondent Corporation. It is also stated that no pension is payable to the employees of the respondent Corporation on their retirement. 3. The learned Government Advocate for the respondents is not able to show any rule that vests with them the power, to proceed with the disciplinary proceedings, after retirement. 4. At this juncture, it is relevant to note that a Division Bench of this Court in P.MUTHUSAMY VS. TAMIL NADU CEMENTS CORPORATION LIMITED [ 2006 (4) MLJ 504 ], taking note of the service rules of Tamil Nadu Cements Corporation Limited, has held that, retiring a person, with liberty to continue disciplinary proceedings, after superannuation, is illegal and without jurisdiction, in the absence of such a provision in the service rules. 5. Further, in view of the categorical pronouncement of a Division Bench of this Court in N.KUNNAI GOWDER VS. COIMBATORE DISTRICT CO-OPERATIVE MIL PRODUCERS' UNION LIMITED., [ 2008 (1) MLJ 119 ] following the judgment of the Honourable Supreme Court in BHAGIRATHI JENA VS. BOARD OF DIRECTORS, O.S.F.C. [ 1999 (1) LLJ 1236 (SC)], I am of the view that the respondent Corporation cannot proceed with the disciplinary proceedings, against the petitioner, after his retirement. 6. In the light of the above, the impugned proceeding relating to continuation of departmental proceedings, against the petitioner, is quashed and the respondents are directed to settle gratuity and terminal benefits payable to the petitioner, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 7. The writ petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed.