TAMIL NADU STATE TRANSPORT CORPORATION VILLUPURAM LTD Vs. JOINT COMMISIONER OF LABOUR COUNCILIATION CHENNAI

JUDGEMENT

(1.) CHALLENGE in this writ petition is to the order in Approval Petition in A. P. No. 220/2004 declining approval for dismissal of the workman/second respondent for the alleged misconduct.

(2.) BRIEF facts, which lead to the filing of the writ petition are as follows:

(3.) CHALLENGING the impugned order, the learned counsel for the writ petitioner/corporation Ms. Kala Ramesh has contended that the Conductor himself has admitted that he had not issued the ticket and while so, the Joint Commissioner of Labour (for short "jcl") was not right in saying that the conclusion regarding misconduct was not a bona fide conclusion. Learned counsel would further submit that while considering the approval under Section 33 (2) (b), Court has to only see a prima facie case for dismissal is made out and the first respondent was not right in going into the merits of the matter.