K PALANIAPPAN Vs. LABOUR COURT

JUDGEMENT

(1.) THE present writ petition is filed challenging the order passed by the Labour Court, wherein the Labour Court dismissed the claim of the petitioner raising the Industrial Dispute while confirming order of dismissal passed by the second respondent -Transport Corporation.

(2.) WHEN the petitioner was serving as conductor in the bus bearing registration No.TN-38 054 plying in Perur - Polytechnic route at Coimbatore, the said vehicle was checked by the Inspectors at Selvapuram point at about 3.35 p.m on 24.2.1998. WHEN the inspecting squad boarded the bus, there were about 61 passengers. But unfortunately, the petitioner being a conductor has issued 45 tickets and 16 passengers were not issued tickets when they were travelling. On seeing that there is no entry for 16 passengers in the trip card, the petitioner was enquired by the said checking Inspector. The petitioner had also explained to the checking inspector that due to over crowd, the petitioner was not able to issue tickets to all the passengers. Thereafter, the Checking Inspector issued tickets to 14 passengers. Subsequently, for having committed an offence under Standing Order 14 (D) (ab) for non-issuance of ticket to all the passengers, a charge memo was issued to the petitioner calling for his explanation. On receipt of the charge memo, the petitioner submitted his explanation denying the allegation made in the charge memo. Having not satisfied with the explanation offered by the petitioner, an enquiry was conducted. The enquiry officer after giving reasonable opportunity to the petitioner, on completion of the domestic enquiry, submitted his report holding that the petitioner is guilty of the charges levelled against him. After submission of the findings of the enquiry officer, the disciplinary authority issued second show cause notice and thereafter having found that the explanation is not satisfactory, the disciplinary authority by taking into account the past record of the petitioner that he had suffered 19 punishments under the second respondent - Corporation, passed an order of dismissal.

(3.) HEARD the arguments of both sides.