R VENKATESAN Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The petitioner has come forward to challenge the award of the first respondent Labour Court made in ID No.29 of 1996, dated 27.11.2000. By the impugned Award, the labour court refused to grant any relief to the petitioner. The writ petition was admitted on 8.8.2001. Pending the writ petition, in an application for direction for payment of backwages, this court initially ordered notice. Subsequently, the same was dismissed on 5.9.2003.

(2.) The case of the petitioner was that he was working as a Driver in the respondent Corporation, which was earlier known as Pattukkottai Azhagiri Transport Corporation, Vellore. He was also an activist in the trade union in which he was a member. A charge memo, dated 29.10.1992 was given to the petitioner. He submitted his explanation. A domestic enquiry was conducted. Though it was claimed that the charges were not proved, he was punished and his annual increments were postponed for three years. He submitted his representations to the higher officials and drew their attention regarding the injustice meted out to him. Ever since he made the complaint to the Chief Minister's grievance cell, another charge memo was given to him on 10.6.1993.

(3.) In the charge memo signed by the General Manager, it was stated that the petitioner had distributed hand bills from 27.5.1993 onwards announcing that he will go on an indefinite hunger fast at the Muttukadai junction, Ranipet. He distributed the same to the public, thereby bringing disrepute to the corporation's good name. He also gave a press release which was published in the "Daily Thanthi" on 29.5.1993 threatening that in the event of not cancelling the proposed punishment, he will jump from the top of the Collector's office and commit suicide. To that effect, he gave a petition to the District Collector. He was arrested by the police and a criminal case was filed against him. Even on that account, he brought disrepute to the name of the corporation. Therefore, the petitioner was charged for distributing handbills for going on hunger fast till his death and that he gave a petition to the District Collector that he will jump from the top of Collector's office to commit suicide. This news item had appeared in the "Daily Thanthi" newspaper. In the charge memo, they had referred to the specific misconducts enumerated in the certified Standing Orders as 24.30, 24.36 and 24.43 applicable to the corporation.