THE MANAGING DIRECTOR Vs. S. PALANISAMY

JUDGEMENT

(1.) W .P. No. 4363 of 2008 is filed by the Management challenging the award passed in I.D. No. 139/2002 dated 09.07.2007 by the Labour Court, Coimbatore, granting reinstatement to the workman with continuity of service and other benefits, but, without backwages and W.P. No. 18531 of 2008 is filed by the workman challenging the very same award insofar as it relates to denial of backwages.

(2.) THE facts of the case are:

(3.) ON a cursory look at Exts -M1 and M6, it is clear that the employee had not taken the plea about the accident, i.e., in order to avoid a cyclist, the driver applied sudden break, due to which, he and the passengers fell and in that process, he had forgotten to issue the tickets. The incident is said to have occurred at Karungalpalayam, but the workman did not issue the tickets even thereafter and only when there was an inspection after the bus had crossed 4 kms, the non -issuance of tickets was found out by the Checking Inspector, who has also given a statement before the Labour Court. The employee was issued with a charge memo dated 08.04.2001 and only on 19.04.2001, the employee had given his reply. There is no evidence to the effect that the employee had given this story prior to the issuance of charge memo.