MANAGEMENT, TAMIL NADU STATE TRANSPORT CORPORATION, LTD, VELLORE Vs. PRESIDING OFFICER, LABOUR COURT, VELLORE

JUDGEMENT

(1.) This writ petition is filed seeking certiorari Mandamus for setting aside the Orders passed in I.D.No.364 of 2010 dtd. 13/12/2012.

(2.) Thiru A.Mohammed Ali was employed as an Assistant Tradesman in the the petitioner Tamil Nadu State Transport Corporation Villupuram Limited. He was assigned duty of maintaining the buses including carrying out repairs and rectifying faults and made the buses fit for running on the road. On 28/4/2002, the said workman Thiru A.Mohammed Ali along with another workman Thiru Raguraman was assigned duty of making fitness of the buses including vehicle No.TN 23 N 708. However, without properly asserting fitness of the vehicle, the said workman negligently certified the said vehicle and allowed it to ply on 29/4/2002 in route No.T-44 [A Service] from Pothaturpet to Tiruttani. The said vehicle met with an accident at Theckalur Yeri Karai and the front sharkle pin was found missing due to loose tact of the shackle in the front anchor with regard to the front side of the vehicle. On account of which the vehicle was pulled aside and was capsized into 10 feet deep lake, wherein 7 passengers have received injuries including the driver and the conductor.

(3.) The Motor Vehicle Inspector and other officials of the corporation have made a preliminary assessment and report was prepared that the accident was taken place on account of poor maintenance of the vehicle and that the workman Thiru A.Mohammed Ali and another were responsible for the poor maintenance. A charge memo was issued to Thiru A.Mohammed Ali on 13/5/2002 and another, for which explanation was submitted by the workman on 21/5/2002. An enquiry Officer was appointed and enquiry was initiated and the workman have participated in the enquiry and on completion of enquiry, the enquiry officer held that the charges levelled against the workman are proved. Considering the gravity of the misconduct, the petitioner management has imposed a punishment of postponement of increment of the workman for a period of one year with cumulative effect and recovery of a sum of Rs.609.00 and the suspension period was treated as leave.