MANAGEMENT TAMIL NADU STATE TRANSPORT CORPORATION VILLUPURAM DIVISION III LTD Vs. PRESIDING OFFICER LABOUR COURT VELLORE

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner Corporation challenging the award of the first respondent labour Court, dated 8.11.2001, made in I.D.No.288 of 1999.

(2.) THE petitioner has stated that the deceased second respondent was working as a security guard in the petitioner Corporation for about 18 years. While the second respondent was working at Wandavashi Branch, he was admitted in the hospital for treatment due to varicose veins in his right leg and an operation was conducted, on 14.8.1996. THE petitioner was discharged from the hospital, on 17.8.1996. THEreafter, he was under rest, on medical advise. He was on medical leave, from 1.8.1996 to 25.8.1996. THE Doctor had advised him to do lighter work as he would not be able to stand for long time. On 29.10.1997, the petitioner had informed the second respondent that he cannot be given lighter work. However, he was asked to appear before the medical Board. THE medical Board had issued a certificate stating that the second respondent would be in a position to do only certain jobs in which he need not stand for long number of hours. Based on the medical report, a show cause notice had been served on the second respondent calling for an explanation. Since the explanation received from the second respondent was not satisfactory, he was discharged from service, with effect from 2.3.1998. His last drawn salary at the time of his discharge from service was Rs.4,800/- per month.

(3.) AGGRIEVED by the award of the first respondent labour Court, dated 8.11.2001, made in I.D.No.288 of 1999, the petitioner Corporation has preferred the present writ petition before this Court under Article 226 of the Constitution of India.