THE MANAGEMENT METROPOLITAN TRANSPORT CORPORATION LTD. Vs. TAMIL CHEZIYAN AND THE PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) THE petitioner is the Transport Corporation having Head Quarters at Chennai. In this writ petition, it has challenged the award passed by the second respondent -Labour Court at Chennai in I.D. No. 670 of 2000, dated 4.7.2006. By the impugned award, the Labour Court set aside the dismissal of the workman and directed his reinstatement with continuity of service and all other attendant benefits without backwages. The writ petition was admitted on 11.7.2007. Pending writ petition, an interim order of stay was granted.

(2.) TODAY , when the matter came up, the counsel for the petitioner filed additional typed set of papers containing the enquiry proceedings marked before the Labour Court.

(3.) WITH reference to excess amount in the cash bag, he stated that he realised excess only when he reached the stop and it may be due to the fact that certain passengers might not have collected their change, after alighting from the bus. He further stated that there is nothing to cheat the Transport Corporation, because it was a night shift, the perforation in the ticket may not be so visible. Not satisfied with the explanation, the Enquiry Officer conducted enquiry. One Shanmugam, the Branch Manager was examined on the side of the Corporation. The first respondent -workman gave his written statement. The Enquiry Officer held that the workman was guilty of misconduct. Thereafter, a second show cause notice was given on 10.5.1999 based upon the enquiry findings. The first respondent -workman gave his explanation on 22.5.1999. Not satisfied with the same, by an order dated 17.6.1999, he was dismissed from service.