V. SYRIL SUNDARARAJ Vs. PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) This Full Bench has been constituted to answer the following question: Whether the Management is precluded from initiating Disciplinary proceedings against its Driver on the allegation that he had caused the accident due to his rashness and negligence in driving the vehicle, in view of the contrary stand taken before the Motor Accident Claims Tribunal, wherein the Management had taken a plea that the Driver was neither negligent nor rash in driving the vehicle ?"

(2.) Facts leading to the Reference:

(3.) It is the case of the Writ Petitioner that he was given the duty of driving a Bus belonging to the State Express Transport Corporation from Trichirapalli to Nagercoil. While the Bus was proceeding to Virudhunagar, a Matador Goods Van bearing Registration No.TN-V-4441, which was proceeding from Tiruchendhur to Coimbatore, colluded with the Bus driven by the Writ Petitioner. In this accident, five persons have lost their lives and five persons including the Writ Petitioner were injured.