LAWS(MAD)-2007-2-239

THIRUVALLUVAR TRANSPORT CORPORATION NOW STATE EXPRESS TRANSPORT CORPORATION TAMIL NADU DIVISION I LTD Vs. RATHNAPANDIAN

Decided On February 21, 2007
MANAGEMENT OF THIRUVALLUVAR TRANSPORT CORPORATION, NOW STATE EXPRESS TRANSPORT CORPORATION (TAMIL NADU DIVISION-I), LTD., THIRUVALLUVAR HOUSE Appellant
V/S
RATHNAPANDIAN Respondents

JUDGEMENT

(1.) PRAYER in this writ petition is to quash the award made by the Labour Court, Cuddalore in I.D.No.129 of 1993 dated 26.9.1996.

(2.) THE brief facts necessary for disposal of the writ petition as stated in the affidavit are as follows.

(3.) THE learned counsel for the petitioner management argued that the domestic enquiry having been held to be conducted in a fair and proper manner, the second respondent is not justified in interfering with the punishment and ordered reinstatement with backwages and continuity of service, which is an excess of jurisdiction. Learned counsel also contended that the charge being serious in nature and due to the accident three persons died, the Labour Court ought to have confirmed the order of dismissal passed by the management. According to the learned counsel, the acquittal in the criminal case has nothing to do with the departmental proceedings and prayed for allowing the writ petition by setting aside the award of the Labour Court.