D.PRASAD Vs. SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) Mr. S. Navaneethan, the learned Additional Government Pleader takes notice on behalf of the first respondent and Mr. P. Kannan Kumar, the learned Standing counsel takes notice for the respondent-Metropolitan Transport Corporation in both the writ petitions. The petitioner is one and the same person in both the writ petitions. The petitioner was a Selection Grade Driver in the second respondent-Corporation. It is seen from the records that the petitioner was driving the bus No. 17M-Cut service on 27.6.2012 and while it was crossing the Anna Fly Over jumped from the fly over and fell down. Consequent upon the said accident, charge memo was framed as against the petitioner and an enquiry also was conducted. By an order dated 18.10.2012, the petitioner was dismissed from service for the alleged negligence in his duty after following the due procedures. Since at the relevant time, the consideration proceedings was pending before the Commissioner of Labour, an approval application under Section 33(2)(b) of the Industrial Disputes Act, 1947 was sought to be filed before the first respondent Deputy Commissioner of Labour. In pursuant to the said pendency of the dispute, the petitioner was given one month pay, which is the requirement under Section 33(2)(b) and Form 'T' was also sent to the first respondent. It is not clear, whether the first respondent has already taken the said approval petition on file. It is obvious that the petitioner after getting a copy of the Form 'T' sent to the first respondent has filed the writ petition W.P. No. 1244 of 2013 stating that the first respondent should be directed to take the approval petition on file and conduct the case on a day to day basis and dispose of the same within a time frame.

(2.) In the second writ petition in W.P. No. 1245 of 2013, the petitioner has sought for furnishing of a copy of the reports, which were collected during the course of the enquiry in respect of the accident that took place on 27.6.2012.

(3.) Heard the arguments of the learned counsel for the petitioner, the learned Additional Government Pleader and the learned Standing counsel appearing for the respondent-Corporation.