MANAGEMENT TAMIL NADU GOVERNMENT TRANSPORT CORPORATION (VILLUPURAM DIVISION III) LTD Vs. PRESIDING OFFICER PRINCIPAL LABOUR COURT

JUDGEMENT

(1.) This writ appeal has been filed against the order dated 11.10.2012 made in W.P.No.27570/2012 by the appellant herein, who figured as the first respondent in the writ petition confirming the award of the Principal Labour Court, Chennai dated 09.07.2012 made in I.D.No.528 of 2002 directing reinstatement of the second respondent herein, who had been terminated from service by an order dated 02.01.2001 by the appellant transport corporation.

(2.) The second respondent herein, namely Susairaj, was a conductor employed under the appellant transport corporation. On 21.06.1999, while he was on duty in the bus plied in the Route No.103-A between Chennai and Naidupet, it was intercepted by the Checking Inspector of the appellant transport corporation and he found 16 passengers travelling in the bus were without tickets. On enquiry with them, he came to know that they paid the fare to the second respondent for the purchase of their journey tickets, but the second respondent did not issue tickets. The second respondent also had not closed the invoice till the bus was stopped by the Checking Inspector and his party at the stage. The ticketless passengers were travelling in four groups and representatives of those groups gave statements to the above said effect. The second respondent, along with the driver of the bus, also signed the statements admitting the said facts. Thereafter he was suspended and was issued with a charge memo.

(3.) In the enquiry before the Enquiry Officer, he denied the charges and contended that he was compelled by the Checking Inspector to sign the statement and out of fear, he and the driver affixed their signatures. The Enquiry Officer, after concluding the enquiry, gave a finding that the charges against the second respondent stood proved. The Disciplinary Authority also, after giving an opportunity to the second respondent, accepted the finding of the Enquiry Officer and taking into account the punishments imposed on him during his past service, imposed penalty of dismissal from service by the impugned order dated 02.01.2001.