TAMILNADU STATE TRANSPORT CORPORATION VILLUPURAM DIV II LTD Vs. PRESIDING OFFICER LABOUR COURT VELLORE

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsel appearing for the second respondent.

(2.) THIS writ petition has been filed by the petitioner Corporation, challenging the award of the first respondent Labour Court, dated 9. 4. 2002, made in I. D. No. 386 of 1993.

(3.) IT has been stated that the second respondent was working as a Driver in the petitioner Corporation. While so, on 10. 7. 88, while he was driving a passenger bus, bearing Registration No. TML-3221, belonging to the petitioner Corporation, he had caused a fatal accident by knocking down a cyclist, who was on the right side of the road, due to his rash and negligent driving. The second respondent was charge sheeted and a domestic enquiry had been ordered. During the enquiry, the second respondent had been given a reasonable opportunity to defend his case. A co-worker was also allowed to assist the second respondent. The second respondent had cross examined the management witness, during the course of the enquiry. After considering the evidence on record, both oral as well as documentary, the enquiry officer had come to the conclusion that the charges levelled against the second respondent had been proved. Based on the report of the enquiry officer, the management of the petitioner Corporation had dismissed the second respondent from service, on 1. 8. 89. Aggrieved by the said order, the second respondent had raised an industrial dispute, in I. D. No. 386 of 1993, on the file of the first respondent Labour Court, Vellore.