K MURTHY Vs. LABOUR COURT SALEM

JUDGEMENT

(1.) The writ petition is filed challenging the award dated 18.3.2002 passed by the Labour Court, Salem in I.D. No. 76 of 1998 and also for a direction against the second respondent to reinstate the petitioner.

(2.) 1. The petitioner is stated to have been employed under the second respondent as a Conductor. On 16.5.1997, the second respondent issued a charge sheet to the petitioner framing three charges viz., (i) the petitioner has collected lesser fare of 1/- from one passenger travelling from Chengapalli to Gopachandram, even though the actual fee is 1.50 and had not issued ticket to him; (ii) the petitioner had re-issued the tickets issued to passengers who travelled from Kakkadasam to Thali to five passengers who were travelling from Thali to the destination, viz., Gumalapuram and that by resale of tickets already issued, he has misappropriated 10/-; and (iii) there was a shortage of 5.90, when cash bag containing the fares collected was checked.

(3.) It is the contention of the learned Counsel for the petitioner that the second respondent/management has not given sufficient time to the petitioner while enclosing the copy of the report of the enquiry officer to submit his explanation and the entire issue has been predetermined.