METROPOLITAN TRANSPORT CORPORATION Vs. V VENKATESAN

JUDGEMENT

(1.) Leave granted.

(2.) The question that falls for determination in this appeal by special leave is: is the respondent entitled to claim full back wages for the period from December 12, 1996 the date on which he was removed from service till the date of his reinstatement on June 15, 2004 although he was enrolled as an advocate on December 12, 2000 and thereby gainfully employed

(3.) Facts are these, briefly put. V. Venkatesan, respondent, was initially employed as conductor on May 7, 1980 by Pallavan Transport Corporation. On formation of Metropolitan Transport Corporation (for short, "Corporation"), the appellant, became its employee. The respondent was promoted as Junior Assistant and subsequently as an Assistant by the Corporation. The respondent seems to have acquired Law degree and he was selected for the post of Superintendent (Legal) as trainee. But during the training period his performance was not found satisfactory and he was reverted back to the post of Assistant. On January 31, 1995, the respondent was transferred to Poonamallee Depot but he did not join his duties there and remained absent for about three months without any prior sanction of leave or intimation. The case of the Corporation is that on March 28, 1995, a memo of charge was issued to the respondent to which he filed his written response but as his reply was not found satisfactory and a domestic inquiry was instituted to inquire into his misconduct.