MANAGEMENT PALLAVAN TRANSPORT CORPORATION Vs. MOORTHY

JUDGEMENT

(1.) The writ petition is filed by the management of Pallavan Transport Corporation, which is now termed as "Metropolitan Transport Corporation, Chennai Division", challenging the award of the Labour Court dated 15.4.2002 made in I.D.No.574 of 1997, by which the Labour Court in the dispute raised by the first respondent, by concluding that the Enquiry Officer"s report is perverse, directed the reinstatement of the first respondent in the petitioner Corporation with continuity of service and benefit of backwages and also all other service benefits.

(2.) According to the first respondent, he was appointed as a Driver in the petitioner Corporation on 14.4.1990 and when he was driving a bus belonging to the petitioner Corporation in the route No.54A from Saidapet to Thirunindravur, the bus involved in the accident with a car coming from the opposite direction, in which three persons travelling in the car died.

(3.) In the claim petition filed by the driver of the ambassador car for compensation in MCOP No.520 of 1991, the petitioner in the counter affidavit filed before the Motor Accidents Claims Tribunal marked as Ex.C1, has stated that the accident did not take place due to the negligence of the first respondent driver and that the first respondent driver followed the rules, while the driver of ambassador car ought to have avoided the accident. It was also denied therein that the driver of car was having any licence. Therefore, the Labour Court found that the petitioner management having taken a stand before the Tribunal that the first respondent driver was not negligent in driving, attempted to take a different stand in the disciplinary proceedings to the effect that the first respondent was negligent, rejected the case of the petitioner.