T KRISHNAPILLAI Vs. SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT AND DEPUTY MANAGER, (ADMINISTRATION), TAMILNADU STATE CORPORATION, MADURAI LIMITED

JUDGEMENT

(1.) The Petitioner entered the service as a Driver in the Tamilnadu State Transport Corporation on 26.1.1965. Subsequently, when the public sector corporations were formed, the Petitioner opted to join Kattabomman Transport Corporation, Tirunelveli. For an incident that took place on 8.3.1978, he was dismissed from the service. Thereafter, he raised an industrial dispute, which was referred for adjudication before the Principal Labour Court, Madurai.

(2.) Such dispute was taken on file as I.D. No. 134/87. The Labour Court by its Award dated 9.4.1990 held that the enquiry conducted by the employer was illegal and the enquiry was held in violation of the principle of natural justice. In spite of an opportunity was given, the Corporation was not able to justify the Petitioner's termination, therefore, the Labour Court directed reinstatement of the Petitioner with continuity of service and full back wages.

(3.) The second Respondent/Transport Corporation filed W.P. No. 17593 of 1990 challenging the said Award. While dismissing the Writ Petition on 08.06.1999 on considering the fact that by then the Petitioner had reached the age of super-annuation, the learned Judge modified the award and gave the following direction: