MANAGEMENT TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM DIVISION - III) LTD Vs. JOINT COMMISSIONER OF LABOUR (CONCILIATION)

JUDGEMENT

(1.) Instant Writ Appeal is directed against the order, dated 6/6/2012, made in W.P.No.2299 of 2008.

(2.) The second respondent was working as a Conductor with the petitioner, Tamil Nadu State Transport Corporation. On 21/12/2002, in a bus bearing Registration No.TN63-499, in the route Manamadurai to Thayamangalam, he punched ticket number 63435 in the 'up trip' and ticket numbers 436, 437 and 438, in the 'down trip. Charge memo was issued to him, on 2/1/2003 and to which an explanation was given by the second respondent. Enquiry was conducted, on 22/1/2003 and 25/1/2003. Enquiry Officer gave a report, finding the second respondent guilty of charges. Based on the enquiry report, show cause notice, dated 31/1/2003 was given to the second respondent. Notwithstanding the reply, by an order, dated 19/11/2003, he was dismissed from service.

(3.) Since, Conciliation Proceedings were pending before the Commissioner of Labour, the Management was required to file an Approval Petition, under Section 33 (2) (b) of the Industrial Disputes Act. Vide order, dated 23/8/2007, labour Court held as follows:-