TAMIL NADU STATE TRANSPORT CORPORATION (SALEM) LTD. REPRESENTED BY ITS MANAGING DIRECTOR, SALEM Vs. PRESIDING OFFICER, LABOUR COURT, SALEM AND ANR.

JUDGEMENT

(1.) Both the writ petitions are filed against the award made in I.D. No. 196/2002 dated 14.10.2003 made by the Labour Court, Salem, thereby directing reinstatement of the employee in service, with continuity of service and other attendant benefits, but without backwages. While WP. No. 34200/2004 is filed by the Transport Corporation against the award of reinstatement of the employee, WP. No. 9205/2006 is filed by the employee against the award, insofar as it relates to denial of backwages.

(2.) The petitioner in WP. No. 9205/2006, who is the second respondent in WP. No. 34200/2004, while working as conductor in the Transport Corporation on 13.6.1980, was issued with charge memo alleging that he allowed the bus to be taken in advance of the Scheduled departure time by accepting a sum of INR 10.00 as bribe from the private bus conductor so as to enable the private bus to have more passengers. The petitioner submitted his explanation on 28.8.2001, denying the allegations and the same was not accepted and the same was followed by departmental enquiry and Enquiry officer's report holding the charges proved against the petitioner. On the basis of the Enquiry officer's report, the petitioner was dismissed from service by order dated 6.10.2001.

(3.) The conductor, on receipt of the dismissal order, raised a dispute relating to his non employment before the Conciliation Officer. As no settlement was arrived at between the parties, the Conciliation Officer filed report of failure of conciliation. Thereafter, the dispute was referred as ID No. 196/1992 before the Labour court, Salem.