JEYARAJ C Vs. P O LABOUR COURT

JUDGEMENT

(1.) The petitioner seeks to question the order of the Labour Court Coimbatore in I. D. No. 49 of 1995, dated December 7, 1995.

(2.) The petitioner was a conductor in the services of the second respondent with effect from March 5, 1996. On April 23, 1988 when he was in the route bus proceeding from Ooty to Erode, he issued a luggage ticket to a passenger totalling a sum of Rs. 62.50 including his ticket of Rs. 15.50. The total amount was mentioned in words also. But he had mistakenly wrote in the collection slip the amount of Rs. 54.75 and it was left unnoticed by oversight. The same was remitted along with the collection slip on the same night. The remittance along with the collection slip was sent to the head office and only while it was checked by Accounts Section, the discrepancy was noted.

(3.) The petitioner was issued with a charge-memo, dated May 7, 1988, and he was directed to give his explanation. He had approached his union who assured that they will take up the issue with the management. The petitioner submitted his explanation and an enquiry was conducted. Only one witness was examined. According to the petitioner, the basic reports and other documents were not provided hence he could not defend himself properly. Subsequently, he was terminated from service by dismissal order, dated March 28, 1989. The petitioner further states that as the dispute relating to the bonus was pending before the Industrial Tribunal, he could not immediately approach the Tribunal to set aside the exparte order. Therefore, there was a delay of four years in filing the application to set aside the exparte order. By order, dated December 9, 1993, the said application was dismissed. Thereafter, he raised an industrial dispute before the Government vide his letter dated November 28, 1994. The Conciliation Officer found it not possible to bring about any mediation. Therefore a claim was filed on March 6, 1995 and the same was taken on file as I. D. No. 49 of 1995.