R K RAMASAMY Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The above writ appeals arise out of the common order passed by the learned single Judge, dated 7.9.2011, in W.P. Nos. 28553 of 2003 and 28071 of 2005. The above writ petitions, in W.P. Nos. 28553 of 2003 and 28071 of 2005, had arisen out of the award passed by the Labour Court, Salem, dated 24.7.2002, in I.D. No. 565 of 1998. The appellant in the above appeals was a driver working in Tamil Nadu State Transport Corporation (Salem Division-I) Limited. While so, three charge memos, dated 6.7.1989, 18.7.1989, and 27.7.1989 had been issued by the second respondent Corporation.

(2.) Based on the charge memos issued by the second respondent Corporation, an enquiry had been held. The enquiry officer had given a finding that all the charges levelled against the employee had been found to be proved. Based on the reports submitted by the enquiry officer, the second respondent Corporation had passed the order of dismissal from service against the employee, on 4.3.1990. Challenging the said order passed by the second respondent Corporation, the employee had filed I.D. No. 565 of 1998, before the Labour Court, Salem. The Labour Court, Salem, had passed an award, dated 24.7.2002, in I.D. No. 565 of 1998, directing re-instatement of the employee into service, without continuity of service and back wages. The Labour Court had found that the order of dismissal passed against the employee was excessive in nature and therefore, it had exercised its discretion, under Section 11-A of the Industrial Disputes Act, 1947, to set aside the order of dismissal of the employee and had directed the reinstatement of the employee in service.

(3.) Challenging the award of the Labour Court, Salem, dated 24.7.2002, made in I.D. No. 565 of 1998, denying continuity of service and back wages, the employee had filed a writ petition before this Court, in W.P. No. 28071 of 2005. The Management of the second respondent Corporation had filed the writ petition, in W.P. No. 28553 of 2003, challenging the award of the Labour Court, dated 24.7.2002, reinstating the employee into service. This Court had passed the common order, dated 7.9.2011, in the said writ petitions, allowing the writ petition filed by the respondent Management, in W.P. No. 28553 of 2003, and dismissing the writ petition filed by the employee, in W.P. No. 28071 of 2005. Challenging the said common order, the appellant has filed the present writ appeals before this Court.