TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LTD., REP. BY ITS GENERAL MANAGER VELLORE Vs. THE JOINT COMMISSIONER OF LABOUR (CONCILLIATION) D.M.S. COMPOUND TENAMPET, CHENNAI 600 006

JUDGEMENT

(1.) Challenge in this appeal is to an order made in W.P. No.35336/2006 dated 02.09.2010, by which, the writ court, declined to grant the prayer of the Tamil Nadu State Transport Corporation (Villupuram) Ltd., Vellore, and to quash the order dated 02.05.2005 made in Approval Petition No.338 of 2003.

(2.) The charges framed against the second respondent are that he was absent for the period from 18.08.2001 to 06.09.2001 without any prior intimation or getting leave from the authorities and he had caused loss to the Corporation due to his absence. He was terminated from service along with a cheque for a sum of Rs.5,251.50P towards one month wages.

(3.) Before the Joint Commissioner of Labour (Conciliation), Chennai, the first respondent herein, employee/respondent No.2, contended that while he was working in Arcot Depot, he was issued with a charge memo dated 27.09.2001 stating that he was unauthorisedly absent on duty from 08.08.2001 to 06.09.2001. Denying the same, the second respondent submitted an explanation dated 11.06.2002 stating that, due to chest pain, he could not attend the duty on 08.08.2001 and continued thereafter. Not satisfied with the explanation, a domestic enquiry was conducted and thereafter, he was dismissed.