THE TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LTD. Vs. THE PRESIDING OFFICER, LABOUR COURT, VELLORE AND ORS.

JUDGEMENT

(1.) The writ petitioner is a Transport Corporation fully owned by the Tamil Nadu Government. The second respondent was employed as Conductor by the writ petitioner from 1979 onwards until he was dismissed from service by an order dated 19.05.2001. The dismissal is based on certain allegations and after enquiry. The second respondent took up the matter before the first respondent Labour Court in I.D.No.182 of 2002, since his conciliatory efforts failed. The Labour Court passed an Award dated 10.03.2005 reinstating the workman with continuity of service, but without backwages. This writ petition is filed by the petitioner Corporation questioning the said award.

(2.) The facts in brief are as follows :

(3.) The learned counsel for the petitioner management vehemently contended that since the Labour Court came to the conclusion that the petitioner was benefited by Rs.74/-, that were collected from the passengers, the Labour Court committed error in interfering with the punishment. The learned counsel submitted that the Labour Court was not correct in holding that it is not a case of misappropriation. The learned counsel for the petitioner Corporation argued that the Labour Court was not correct in holding that there was no loss to the Corporation. According to the learned counsel, since the second respondent collected excess fare from the passengers, the Labour Court ought not to have interfered with the punishment.