LAWS(MAD)-2008-9-441

MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION VILLUPURAM DIVN III LTD Vs. PRESIDING OFFICER I ADDL LABOUR COURT

Decided On September 08, 2008
MANAGING DIRECTOR, TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM DIVN.III) LTD. Appellant
V/S
PRESIDING OFFICER, I ADDL.LABOUR COURT, CHENNAI Respondents

JUDGEMENT

(1.) HEARD the 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 21.9.2000,made in I.D.No.32 of 1999, awarding reinstatement with continuity of service and 50% backwages, along with other attendant benefits.

(3.) THE learned counsel for the petitioner Corporation had submitted that the award of the first respondent Labour Court, dated 21.9.2000, is contrary to law and the principles of natural justice. THE first respondent Labour Court had not taken into consideration, the past misconduct of the second respondent before passing the said award. It had also failed to note that the action taken by the petitioner Corporation is in accordance with law and therefore, it is valid. It was clearly proved, during the enquiry conducted against him, that the second respondent had misappropriated the funds of the petitioner Corporation, as he did not remit the collection, for 6.10.95, on the same day. THE award passed by the first respondent Labour Court is not supported by material evidence and therefore, it is liable to be set aside by this Court.