LAWS(MAD)-2004-3-91

PURATCHI THALAIVAR M G R TRANSPORT CORPORATION LTD Vs. PRESIDING OFFICER PRINCIPAL LABOUR COURT MADRAS

Decided On March 04, 2004
PURATCHI THALAIVAR M.G.R.TRANSPORT CORPORATION LTD. Appellant
V/S
PRASANNA Respondents

JUDGEMENT

(1.) By an award of the first respondent-Labour Court dated 30.1.1997 made in I.D.No.247 of 1995, the order of dismissal dated 10.2.1994 passed by the writ petitioner-Transport Corporation, terminating the service of the second respondent-employee, pursuant to a disciplinary action initiated against him, with respect to an allegation that under the influence of alcohol, he stopped the bus in front of the depot, was set aside, with a consequential direction to reinstate the second respondent-employee with full backwages.

(2.) In brief, by an order of the petitioner-Transport Corporation herein dated 10.2.1994, the second respondent- employee, who was also an office bearer of the trade union, was terminated from service of the petitioner-Transport Corporation, pursuant to a disciplinary action initiated against him on the following charge:

(3.) According to Mr.J.James, learned counsel appearing for the petitioner, the first respondent-Labour Court ought not to have interfered with the findings of the Enquiry Officer. In any event, even assuming the findings are not based on any evidence, the first respondentLabour Court ought to have remitted the matter to the petitionerTransport Corporation for de nova enquiry.