MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION LTD Vs. S KALAISELVAN; PRESIDING OFFICER, LABOUR COURT

JUDGEMENT

(1.) The Management of Salem Transport Corporation has come on appeal challenging the order dated 14.02.2011 passed by the learned Single Judge in W.P.No.19483 of 2003, whereby, the Writ Petition filed by them seeking to quash the order dated 16.09.2002 made in I.D.No.386 of 1998 on the file of the Labour Court, Salem, came to be dismissed.

(2.) It is seen that the 1st respondent herein, a B.E. Graduate in Mechanical Engineering, joined the services of the appellant/Management in the year 1985 as Assistant Engineer, in which post, he was confirmed in the year 1986. On 19.06.1993, he was issued a Charge Memo for the charge that he left the work spot 40 minutes before completion of duty hours, to which he submitted his explanation on 22.06.1993 denying the charges. The Enquiry Officer conducted an enquiry and submitted his report holding the 1st respondent guilty. Thereafter, the appellant/Management issued a second show cause notice on 16.04.1994, for which also the 1st respondent submitted his explanation and ultimately, on 24.01.1995, the 1st respondent came to be dismissed. Against the said order of dismissal, the 1st respondent herein raised an Industrial Dispute in I.D.No.386 of 1998 and the Labour Court, after trial, found that the non-employment of the 1st respondent by the appellant is unjustified and directed reinstatement, but without backwages. While the appellant/Management filed W.P.No.19483 of 2003 challenging the order of reinstatement, the aggrieved 1st respondent filed W.P.No.28764 of 2003 challenging the denial of backwages.

(3.) Before proceeding to analyse the correctness of the order challenged in this appeal, the charges framed against the 1st respondent need to be looked into: