(1.) This writ petition is filed seeking a writ of certiorari, to quash the award dated 30.04.2010 passed in I.D.No.97 of 2004 on the file of the Labour Court, Tirunelveli.
(2.) The petitioner is the State Transport Corporation, hereinafter will be referred to as 'Employer' and the first respondent is the worker of the State Transport Corporation, hereinafter will be referred to as 'Employee'.
(3.) The case of the Employer is that the Employee was appointed by the Employer as Driver on daily wages basis and he was not a permanent employee and has not completing 240 days continuous service. At this juncture, on 01.09.1998, the Employee has driven the bus bearing Registration No.TN72-N 0462 from Kulasekarapattinam to Manappadu. While the bus nearing Kottuvappalli, due to the rash and negligent driving, the Employee dashed against the cyclist, who came from the opposite direction and also hit against the roadside house, due to which two persons succumbed to injuries and three persons were sustained grievous injuries including three years old child. Thereafter, a Domestic Enquiry was conducted after affording necessary opportunity to the Employee and the enquiry officer has drawn proven minute against the Employee. Based on the proven minute, the Employee was dismissed from service on 08.01.1999. After lapse of five years, the Employee initiated the conciliation proceedings on 27.01.2004 before the Labour Officer, Tuticorin, and the Labour Officer filed a failure report on 27.01.2004 vide his proceedings in Na.Ka. No. 197/2004. Hence, the Employee raised the Industrial Dispute under 2A(2) of the Industrial Dispute Act, 1947, in I.D.No.97 of 2004 before the Labour Court, Tirunelveli.