MANAGEMENT STATE Vs. JOINT COMMISSIONER

JUDGEMENT

(1.) There is no representation for the respondents. The arguments advanced by Mr. R.P. Prathap Singh, learned counsel for the petitioner has been heard. P. Rajendiran, the second respondent in the writ petition, who was employed as a driver in the petitioner Transport Corporation, was dismissed from service by the Management on the ground that charges framed against him in the disciplinary proceedings, had been proved. Since the dispute regarding payment of performance incentive connected with the second respondent was pending before the Commissioner of Labour, DMS-Campus, Chennai-6, the particulars of which have not been furnished, the Management submitted an application for approval of the order dismissing the second respondent from the services of the petitioner Management.

(2.) The Joint Commissioner of Labour (Conciliation), after considering the application for approval and also the counter affidavit filed by the second respondent, who figured as the opposite party in the approval petition, chose to decline approval on the following grounds:

(3.) Citing the above reasons, the first respondent has declined approval for the dismissal of the second respondent from the services of the petitioner Management. The said order of the first respondent dated 14.12.2006 made in the approval petition in A.P. No. 307 of 2004 is impugned in the present writ petition.