LAWS(MAD)-2011-7-193

MANAGEMENT TAMIL NADU STATE TRANSPORT CORPORATION LTD VIRUDHUNAGAR Vs. JOINT COMMISSIONER OF LABOUR TEYNAMPET CHENNAI

Decided On July 01, 2011
MANAGEMENT, TAMIL NADU STATE TRANSPORT CORPORATION (MADURAI, DIVISION-V) LTD Appellant
V/S
JOINT COMMISSIONER OF LABOUR (CONCILIATION), TEYNAMPET, CHENNAI Respondents

JUDGEMENT

(1.) The writ Petitioner is a Transport Corporation. The writ Petitioner has questioned the rejection of approval application No. 365 of 2003 filed under Section 33(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred as the Act) by the impugned order, dated 12.02.2005. The Petitioner has sought approval for dismissing the second Respondent by an order dated 06.10.2003. As stated above, the first Respondent refused to grant approval.

(2.) The facts leading to the filing of the writ petition are stated as follows:

(3.) The workman stated that there was road repair taking place at the place of accident. Due to road repair works, the road became narrow and therefore, he slowed the vehicle. The TVS 50 Moped attempted to over take on the left side of the bus and since it was not a proper road, he fell down and the rear side left wheel of the bus run over on the pillion rider. According to him, he did not over take the TVS 50 Moped and only the TVS 50 Moped attempted to overtake the bus and in that process the accident took place as the road was not in a good condition. Because of road condition, she fell down.