M ALBERT AROKIA JAYARAJ Vs. PRESIDING OFFICER, LABOUR COURT, MANAGEMENT, TAMILNADU STATE TRANSPORT CORPORATION LTD

JUDGEMENT

(1.) The petitioner has filed the present writ petition, challenging an Award passed by the first respondent Labour Court, Cuddalore in I.D.No.12 of 2003 dated 04.07.2007. By the impugned Award, the Labour court refused to grant any relief to the petitioner workman and dismissed the Industrial Dispute raised by him.

(2.) The writ petition was admitted on 25.02.2009.

(3.) The Learned Counsel for the petitioner also filed an additional typed set containing the documents marked before the Labour Court. The case of the petitioner was that he had joined the second respondent wholly owned Transport Corporation, having headquarters at Kumbakonam on 05.06.1992 as a Conductor. On 25.10.2000, when the petitioner was about to remit the cash collection at the end of the second shift, the official at Thanjavur Old Bus Stand asked him to go special duty in the route between Thanjavur and Vaduvur, since it was on the date of Diwali eve. He was not familiar with the fare charges of the said route he had issued tickets at the rate of Rs.3.75/- for passengers travelling from Neivasal and Vaduvur. But after sometime when he came to know that the fare was Rs.4.00/- , he issued ticket to the other passengers at the rate of Rs.4/- . The bus was subjected to checking by the checking staff at Neivasal. The Checking Inspector found a group of 14 passengers were issued ticket at the rate of Rs.3.75/- each for trip from Thanjavur to Vaduvur but the actual ticket fare was Rs.4/- . It was found that though the petitioner had collected Rs.56/- from one group of 14 passengers but had issued them tickets for less fare at the rate of Rs.3.75/- and he had not returned the difference amount of Rs.3.50/- , thus, misappropriated Rs.3.50/- in the collected amount from the 14 passengers. When questioned, the petitioner admitted the omission but refused to give any statement. It was also found that one of the passengers who travelled from Thanjavur to Vaduvur was not issued ticket and that passenger also gave Rs.4/- and a fine amount of Rs.25/- was collected for travel without ticket. A verification of petitioner's cash bag revealed there was excess cash of Rs.11.70/- . The driver of the bus signed the defect memo but the petitioner refused to sign the same.