Madras High Court Weekly Round-Up: May 6 - May 12, 2024

NOMINAL INDEX

D Madhumithra v The State and Others, 2024 LiveLaw (Mad) 186

Dr.Wanbor Sungoh v State, 2024 LiveLaw (Mad) 187

Regional Provident Fund Commissioner, EPFO vs President Officer, Employee's Provident Fund Appellate Tribunal & Ors, 2024 LiveLaw (Mad) 188

C. Chandran. vs Tamil Nadu State Transport Corporation (Tirunelveli) Ltd & Ors., 2024 LiveLaw (Mad) 189

B. Saravanan v. The Commissioner, Adi Dravidar Welfare Commission & Ors, 2024 LiveLaw (Mad) 190

P. Elilarasan v. The Executive Director, Air India Ltd. & Ors., 2024 LiveLaw (Mad) 191

A Kamala v Home Secretary, 2024 LiveLaw (Mad) 192

REPORT

Madras High Court Refuses To Handover 3-Yr-Old Son's Custody To Biological Mother Considering Child Has Never Lived With Her

Case Title: D Madhumithra v The State and Others

Citation: 2024 LiveLaw (Mad) 186

The Madras High Court recently refused to hand over a 3-year-old minor boy's custody to his biological mother considering the child's welfare.

The bench of Justice MS Ramesh and Justice Sunder Mohan noted that the child had never lived with his biological mother, who was infected with HIV and was handed over to the private respondent when he was born. The court thus opined that it would be in the welfare of the child to continue being in the custody of the private respondent.

COVID Duty By PG Doctors Should Be Considered Bond Service: Madras High Court Directs Thanjavur Medical College To Return Original Certificates

Case Title: Dr.Wanbor Sungoh v State

Citation: 2024 LiveLaw (Mad) 187

While directing the Thanjavur Medical College to return the original certificates of a PG Doctor, the Madras High Court underlined that the COVID duty performed by the PG doctors should be treated as part of the bond period.

Justice GR Swaminathan thus took a different view than that of a single judge of the Madras High Court recently. The court also observed that educational certificates were not marketable commodities under Section 171 of the Indian Contracts Act 1872. The court thus directed the Directorate of Medical Education to formally relieve the petitioner for the bonded service.

Employee's Provident Fund Appellate Tribunal Has Power To Reduce Or Waive Damages Imposed On The Employer: Madras High Court

Case Name- Regional Provident Fund Commissioner, EPFO vs President Officer, Employee's Provident Fund Appellate Tribunal & Ors

Citation: 2024 LiveLaw (Mad) 188

A division bench of the Madras High Court comprising of Justice D. Krishnakumar and Justice R. Vijayakumar while deciding a Writ Appeal in the case of Regional Provident Fund Commissioner, EPFO vs President Officer, Employee's Provident Fund Appellate Tribunal & Ors has held that , Employee's Provident Fund Appellate Tribunal is empowered to reduce or waive damages imposed on the employer as per the EPF Act and EPF Scheme.

The court observed that as per section 14B of the EPF Act, the Provident Fund Commissioner or any other officer authorized by the Central Government may recover such damages which do not exceed the amount of arrears which may be specified in the scheme contemplated under Paragraph No. 32A of the EPF Scheme.

The court held that as per Section 7I and 14B of the EPF Act, order passed by the Central Board under Section 14B are also appealable to the Appellate Tribunal. Thus when the orders of Central Board are appealable to the Appellate Tribunal, it is not legally acceptable to say that the Central Board has exclusive power to reduce/waive damages but the Appellate Tribunal does not have such powers.

Non-Consideration Of Representation To Statutory Authority Amounts To Dereliction Of Duty: Madras High Court

Case Name- C. Chandran. vs Tamil Nadu State Transport Corporation (Tirunelveli) Ltd & Ors.

Citation: 2024 LiveLaw (Mad) 189

A single judge bench of the Madras High Court comprising of Justice R.N.Manjula while deciding a Writ Petition in the case of C. Chandran. vs Tamil Nadu State Transport Corporation (Tirunelveli) Ltd & Ors. has held that non-consideration of a representation made to a statutory authority amounts to dereliction of duty.

The court observed that whenever a representation is made to a statutory authority, a duty is cast upon them to consider the same on merits and pass and appropriate order instead of keeping the same pending indefinitely. The court further held that non-consideration of a representation made to a statutory authority would amount to dereliction of duty.

Petitioner's Qualifications Should Not Be A Barrier To Compassionate Appointment: Madras HC

Case: B. Saravanan v. The Commissioner, Adi Dravidar Welfare Commission & Ors

Citation: 2024 LiveLaw (Mad) 190

A single-judge bench of the Madras High Court comprising of Justice L. Victoria Gowri while deciding a writ petition in the case of B. Saravanan v. The Commissioner, Adi Dravidar Welfare Commission & Ors has held that the petitioner's qualifications should not be a barrier to compassionate appointment.

The court observed that the petitioner's qualifications should not be a barrier to compassionate appointment and directed the Respondents to consider the representations and appoint the Petitioner in a suitable post in terms of seniority list maintained by the District Adi Dravidar Welfare Department, District Collectorate and the Directorate of Adi Dravidar Welfare Department, Chennai.

As Long As There Is A Manpower Requirement By The Employer, The Employee's Services Should Be Utilized Without Resorting To Replacing With Casual Workers: Madras HC

Case: P. Elilarasan v. The Executive Director, Air India Ltd. & Ors.

Citation: 2024 LiveLaw (Mad) 191

A Single-Judge bench of Madras High Court comprising of Justice Battu Devanand while deciding a writ petition in the case of P. Elilarasan v. The Executive Director, Air India Ltd. & Ors. has held that as long as there is a manpower requirement by the employer, the services of the employee ought to be utilized and at no point of time should he be replaced by any other causal arrangement by resorting to employ other persons.

The court observed that the Petitioners' employment should be maintained as long as there is a genuine requirement for their services by the Respondent. The court also emphasized that the Petitioners should not be replaced by casual arrangements and that their employment should continue with the terms and conditions stipulated by the Respondent. Additionally, the court prohibited the termination of the petitioners' employment through unfair means or labour practices.

Madras HC Closes Habeas Plea By Savukku Shankar's Mother, Directs Authorities To Consider Representation For Prison Change

Case Title: A Kamala v Home Secretary

Citation: 2024 LiveLaw (Mad) 192

The Madras High Court has closed the habeas corpus plea file by the mother of Youtuber and whistle blower “Savukku” Shankar.

The vacation bench of Justice AD Jagadish Chandira and Justice R Kalaimathi closed the plea and directed the authorities to consider Shankar's mother's representation to move him to a different prison.

The court had previously directed the Coimbatore DLSA to submit a report on Shankar's health. Following this, the Additional Public Prosecutor submitted the report and informed the court that Shankar had also been taken to the Coimbatore Government Medical College as per the instructions of the Judicial Magistrate.

The APP also stressed that Shankar had sustained the injuries before being locked in the prison and refuted the allegations of custodial torture.

OTHER DEVELOPMENTS

[Lok Sabha Elections] TN Congress Committee Moves Madras HC Seeking Directions On ECI To Call For PM Modi's Explanation On Alleged Hate Speech

The Tamil Nadu Congress Committee has moved the Madras High Court seeking directions to the Election Commission of India to call for explanation from Prime Minister Narendra Modi on his hate speeches and to take actions to curb false, derogatory statements and to restrain him from making further misleading and derogatory statements against Congress Election Manifesto.

The plea filed through Committee's President K.Selvaperunthagai alleged that fearing defeat in the upcoming 2024 Lok Sabha Elections, the BJP has been indulging in a divisive campaign of Hindu Nationalism.

Citing the recent speeches made by Modi, the plea says that the Prime Minister's speech had been replete with fabrications and abusive language aimed at discrediting the Congress Party's manifesto and its credibility without any iota of truth.

Some Youtube Channels Have Become A Menace To Society, State Should Regulate Them: Madras High Court

The Madras High Court recently remarked that some Youtube channels have become a menace to the society and are publishing derogatory content to increase their subscription. The court also remarked that it was high time the state took measures to regulate such YouTube channels which continued to publish derogatory content.

Justice Kumaresh Babu made the oral remarks in a plea filed by Youtuber Felix Gerald. Gerald was booked by the Coimbatore police in connection with his interview of YouTube and whistle blower Savukku Shankar wherein the latter made derogatory remarks about women police officers.