MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION VILLUPURAM DIVN III LTD Vs. PRESIDING OFFICER II ADDL LABOUR COURT

JUDGEMENT

(1.) This writ petition is directed against the award passed by the Labour Court in I.D.No.34 of 1998 dated 17.4.2002 on an industrial dispute raised by the second respondent against the order of termination passed by the writ petitioner, management wherein the Labour Court has ultimately modified the order of termination into one of postponement of increment for two years with cumulative effect from 22.7.1995. In respect of salary from 22.7.1995 till the date of award, the Labour Court directed for payment of 50% of backwages and continuity of service to the petitioner. However, in respect of other service benefits, the same are denied for the period from 22.7.1995 till the date of award with direction to pay the said benefits after the date of award.

(2.) Against the second respondent who was working as a Conductor, the petitioner management framed three charges to the effect that the second respondent reissued the ticket already issued to the passengers, that there was an extra amount kept in cash bag and that the said amount was received in an illegal manner. After explanation was submitted by the second respondent, the petitioner management having not satisfied with the same, conducted an enquiry. The Enquiry Officer submitted his report stating that all the charges stood proved and a second show-cause notice was issued to the second respondent.

(3.) Before the Labour Court, on the side of second respondent Conductor, 11 documents were marked as Exs.W1 to W11, apart from the evidence of second respondent, workman and on the side of employer, apart from the evidence given by one of the witnesses, 16 documents were marked as Exs.M1 to M16.