LAWS(MAD)-2011-3-247

M ESAKIMUTHU Vs. LABOUR COURT

Decided On March 21, 2011
M.ESAKIMUTHU Appellant
V/S
LABOUR COURT TIRUNELVELI Respondents

JUDGEMENT

(1.) THE Writ Petition has been filed by the petitioner, challenging the dismissal of the I.D.No.165 of 1992 on the file of the first respondent confirming the order of dismissal passed by the second respondent. Facts in brief:

(2.) THE petitioner herein was working as a Conductor with the second respondent. He had been working in the said capacity from 1975 onwards. An order of suspension was passed against the petitioner by the second respondent on 12.03.1992. THEreafter, a charge memo was issued to the petitioner by the second respondent on 30.03.1992 on the ground that, the petitioner had misappropriated the money due to the second respondent by stealing ticket books and invoices belonging to the other buses and used them in the bus in which he was plying. THE said charges are pertaining to the period between November 1991 to February 1992. It is also stated in the charge memo that, during the enquiry it came to the knowledge that excess diesel has been used in a particular bus and while examining the driver, he informed that due to heavy passengers intake and higher income, the said expenses had occurred.

(3.) AN explanation was given by the petitioner on 06.04.1992 under Ex.M-12. In the said explanation, he has stated that the statements have been obtained by force and coercion at his residence. He has further stated that it is impossible to steal the ticket books and invoices of the other buses without the knowledge of the concerned authorities. Not satisfying with the statement given by the petitioner, an enquiry was ordered and conducted by appointing an Enquiry Officer.