CHELLAPERUMAL (S.) Vs. GOVERNMENT OF TAMIL NADU (BY SECRETARY, LABOUR AND EMPLOYMENT DEPARTMENT, MADRAS), AND ANOTHER

JUDGEMENT

(1.) This is an appeal against the order of a learned Single Judge of this Court, dismissing Writ Petition No. 2755 of 1979, filed by the appellant praying for a mandamus directing the Government to reconsider their order in G. O. Ms. No. 1631, dated 27 Dec. 1978, declining to refer the dispute of the petitioner for adjudication and dispose of the dispute in accordance with law. The learned Judge dismissed the writ petition agreeing with the Government that the enquiry by the management is not vitiated in any manner and that the reasoning given by the Government in the impugned order was valid and cannot be interfered with. The appellant is a driver in the Pallavan Transport Corporation, Ltd., which is a Government of Tamil Nadu undertaking. It appears that on 26 July 1976, the bus which he was driving met with an accident in Coonur High Road when a pedestrain boy aged 6 years was hit by the bus. The appellant was prosecuted for rash and negligent driving in a Criminal Court and the Criminal Court acquitted him, finding him not guilty of rash and negligent driving. However, the transport corporation initiated departmental enquiry and finding him guilty of rash and negligent driving, ordered the removal of the appellant from service. On receipt of conciliation failure report, the Government refused to refer the dispute relating to non-employment for adjudication in G. O. Ms. No. 1631, dated 27 Dec. 1978. It is against this order the writ petition has been filed. The Government order declining to refer the dispute for adjudication read as follows :