S SIVAM Vs. PRESIDING OFFICER LABOUR COURT MADURAI

JUDGEMENT

(1.) THE petitioner was a workman and employed as Driver in the second respondent state owned transport corporation. THE petitioner was dismissed from service by an order dated 01.02.1994 of the second respondent on certain charges. THE charge against the petitoner was that on 27.08.1992, while he was driving the bus, route No.320, morning shift, in a place near Mandiriodai from Madurai to Kariapatti, the bus met with an accident by dashing it against the standing tree. THE petitioner was give a charge memo dated 01.09.1992 for which he submitted his explanation on 23.09.1992. After conducting an enquiry, the petitioner was dismissed from service.

(2.) THE petitioner has raised an Industrial Dispute under Section 2 (A) (2) of the Industrial Disputes Act. THE Conciliation Officer could not bring about an amicable resolution of the disputes, hence, a failure report was made. On the strength of the failure report, a claim statement was filed before the labour court on 04.07.1994. THE Labour Court took up the dispute as I.D. No. 166 of 1994 and issued notice to the second respondent. THE second respondent also filed a counter statement dated Nil 1996 resisting the claim made by the workman.

(3.) THE writ petition was admitted on 14.09.2000. On notice from this Court, the second respondent filed a counter affidavit on 15.03.2008 justifying the award passed by the labour Court.