MANAGEMENT OF THE PANDIYAN ROADWAYS CORPORATION LIMITED Vs. PRESIDING OFFICER ADDITIONAL LABOUR COURT

JUDGEMENT

(1.) THIS writ appeal challenges the order of the learned single Judge of this Court dated February 21, 1997, dismissing the writ petition No. 14070/1986 filed by the appellant herein for a writ of certiorari to quash the Award made by the first respondent in I.D. No. 323 of 1983 dated March 28, 1986.Admittedly the second respondent herein was appointed by the appellant-management as a driver on probation in Theni Branch for a period of six months with effect from August 1, 1979. The said period was extended on February 1, 1980 for another period of six months, which ended on July 31, 1980. Again the said period of probation was extended for three months on August 1, 1980 and again for a period of two months on November 1, 1980. The appellant/management terminated the second respondent from service on February 1, 1981 on the ground of unsatisfactory performance. Aggrieved by the said termination order, the second respondent gave a petition to the Managing Director of the appellant-Corporation on March 4, 1981, protesting the order of termination. On January 31, 1980, the Managing Director told him that the second respondent drove the bus, which was involved in an accident. Following the same, the second respondent presented a petition before the Labour Officer raising an industrial dispute, wherein the appellant submitted remarks stating that since the second respondent's performance was not satisfactory, his services were terminated, and further added that they conducted an enquiry and decided that the second respondent was responsible for the accident.

(2.) THE Government referred the said industrial dispute for adjudication as to whether the non-employment of the second respondent was justified, and if not to what relief he was entitled. Before the Labour Court, both the employee and the management were given sufficient opportunity to putforth the oral and documentary evidence. After scrutiny of the evidence and available materials adduced by both sides and hearing the arguments advanced, the Labour Court passed an award holding that the order of dismissal was unsustainable and set aside the same with a direction that the management should reinstate the second respondent in service with back wages and continuity of service. THE Management sought for a writ of certiorari to quash the said Award by filing a writ petition in W.P. No. 14070/1986 before this Court, and the order of the learned single Judge in that writ petition is now under challengeTHE second respondent appointed as a Driver on probation by the appellant/management challenged the order of termination made on February 1, 1981 by the appellant/management on the ground of unsatisfactory performance. It is not in dispute that originally the second respondent was appointed by the appellant/management on August 1, 1979 on probation for a period of six months, which was extended for further periods viz. 6 months, 3 months and 2 months respectively till January 31, 1980.