1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8428 of 2011 D.Kannan ... Petitioner -Vs- 1. The Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region Rep. by its General Manager Trichy 2. The Branch Manager Thuraiyur Branch of Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Thuraiyur 3. The Regional Transport Officer The Regional Transport Office,Erode ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the third respondent to return the driving license of the petitioner bearing D.L.No. TN 48 2006000544 to him forthwith. For Petitioner : Mr.S.Arunachalam For Respondents : Mr.T.S.Mohamed Mohideen Additional Government Pleader O R D E R When the matter came up on 29.07.2011, with a prayer to issue a Mandamus, directing the Regional Transport Officer, the Regional Transport Office, Erode, the third respondent herein, to return the driving license, learned Additional Government Pleader took notice and Registry was directed to post this matter on 03.08.2011. The respondents took time to file counter affidavit. Even though, sufficient time has been granted, counter affidavit is not forthcoming. 2. The petitioner contents that due to the seizure of the motor vehicle license by the third respondent, he is not allowed to drive the bus and consequently, not paid the wages. He has also brought to the notice of this Court that as long as the relationship of "master and servant" continues, the petitioner is entitled to wages. According to him, though he is ready and willing to perform the duties attached to the post of driver, work has not been assigned to him as the licence is now in the custody of the Licensing Authority and in such circumstances, wages cannot be denied. 3. Pleading and materials disclose that though a case in Crime No. 121 of 2011 has been registered for the offences under Sections 279, 337 and 304(A) of IPC., the petitioner has not been placed under suspension pending investigation. Though the transport corporation would be https://hcservices.ecourts.gov.in/hcservices/ 2 constrained to take a defence before the Claims Tribunal, if any claim is made, that their driver is not responsible for the accident, to avoid the vicarious liability would not prevent them to initiating departmental proceedings or even suspending the petitioner from service. Certainly, the corporation would be in a piquant situation, while defending the aspect of negligence. But at the same time, when the petitioner has not been suspended from service, he is entitled to the wages as per the rules. As rightly contended by the learned counsel for the petitioner, when he is not allowed to drive the vehicle due to the seizure of the license, it cannot be said that the petitioner is not willing to do any work, other than driving. 4. In such view of the matter, this Court is inclined to issue a direction to the General Manager, Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy, the first respondent and the Branch Manager, Thuraiyur Branch of Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Thuraiyur, the second respondent, to pay the wages to the writ petitioner, applicable to the post of driver from 12.07.2011 onwards. If the licence is suspended or revoked or he is disqualified for a specific period, then he is not entitled to wages for that period. 5. Mr.S.Arunachalam, learned counsel for the petitioner fairly submitted that final orders on the show cause notice, under Section 19 of the Motor Vehicles Act 1988, may be passed on receipt of his explanation, which the petitioner would submit within a period of two weeks from today. On receipt of such explanation, the third respondent, shall pass orders, in accordance with law. 6. With the abovesaid direction, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS) To 1. The General Manager Management of Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy 2. The Branch Manager Thuraiyur Branch of Tamilnadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Thuraiyur 3. The Regional Transport Officer The Regional Transport Office, Erode vsg : : GH : 19.08.2011 : 2p/4c W.P.(MD).No.8428 of 2011 12.08.2011 https://hcservices.ecourts.gov.in/hcservices/