THE MANAGEMENT, TAMILNADU STATE TRANSPORT CORPORATION Vs. THE JOINT COMMISSIONER OF LABOUR(CONCILIATION), CHENNAI AND ANR.

JUDGEMENT

(1.) The petitioner is a State owned Transport Corporation having its Headquarters at Madurai. In this writ petition, the petitioner corporation has challenged the order of the first respondent, the Commissioner of Labour, (Conciliation), Chennai, made in Approval Petition No.86 of 2005, dated 05.01.2007.

(2.) By the impugned order, the first respondent declined to grant approval to the dismissal, vide order dated 23.05.2005, of the second respondent, who was employed as a driver in the petitioner corporation.

(3.) The writ petition was admitted on 22.10.2008. Pending the writ petition, this Court granted an interim stay. On notice from this Court, the second respondent filed two applications namely M.P.(MD).Nos.1 and 2 of 2009 seeking to vacate the interim stay and also payment under Sec. 17-B of the Industrial Disputes Act. These two applications were heard along with the stay application and on 18.01.2010, this Court directed the payment of last drawn wages in terms of Sec. 17-B of the Industrial Disputes Act, but refused to vacate the interim order. Liberty was also given to the management to give employment to the workman to avoid payment of wages to the worker.