MANAGEMENT OF TAMIL NADU STATE TRANSPORT CORPORATION KUMBAKONAM DIVISION II LTD Vs. PRESIDING OFFICER INDUSTRIAL TRIBUNAL MADRAS

JUDGEMENT

(1.) Heard Mr.R.Parthiban, learned counsel for the petitioner/ management and Mr.Balan Haridoss, Amicus Curiae appointed by this Court to represent the second respondent.

(2.) The writ petition is filed by the petitioner/management, which is a State owned Transport Corporation, challenging the order of the first respondent/Industrial Tribunal in Approval Petition No.79 of 1995, dated 10.7.2000. The Industrial Tribunal refused to approve the action of the management in having dismissed the second respondent/workman and it was held by the Tribunal that there was no legal evidence in the domestic enquiry conducted by the petitioner/management.

(3.) The writ petition was admitted on 15.11.2001. In the petition for interim stay only notice was ordered. But however, when an interim direction was sought for by the second respondent/workman for payment of last drawn wages under Section 17-B of the Industrial Disputes Act (for brevity, "the Act"), the same was ordered by this Court and the management was given liberty for reinstating the second respondent in order to avoid payment under Section 17-B of the Act.