T SELVARAJ Vs. PRESIDING OFFICER LABOUR COURT COIMBATORE

JUDGEMENT

(1.) THE petitioner, challenging the award of the Labour Court, Coimbatore made in I.D.No.286 of 2003, by which the order of dismissal passed against him was confirmed, has come forward to file this writ petition.

(2.) THE facts in brief are as follows:

(3.) THE facts involved in the present case are not in dispute. Admittedly, there was an accident on 10.05.1997. THErefore, by applying the principle of res ipsa loquitur, it is for the petitioner to substantiate the charges levelled against him. THE enquiry officer, by taking into consideration the report of the investigating officer, has held that the petitioner was driving the vehicle at a very high speed. It is not the case that two vehicles are colliding with each other. It is the finding of the enquiry officer that the vehicle was proceeding from Ukkadam bus stand and reached the place of accident in 18 minutes, covering the distance of 7 kms. THE enquiry officer, on facts, also found that there is no basis for accepting the case of the petitioner. It is the specific case of the petitioner that the spring attached to the wheel of the vehicle got damaged, resulting in huge sound whereas in the report of the enquiry officer, he has held that the damage was caused due to the accident and there was no prior breaking up of the spring. In fact, only one spring has been replaced. As rightly found by the enquiry officer, there was absolutely no indication about the brake said to have been applied by the petitioner, as seen from the report. It is not the case of the petitioner that the officer, who filed the report, is inimically disposed towards him.