MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (COIMBATORE DIVISION-II) LTD Vs. JOINT COMMISSIONER OF LABOUR (CONCILIATION) D M S COMPOUND

JUDGEMENT

(1.) The present writ appeal is directed against the order dated 04.04.2016, passed by the learned Single Judge of this Court, in W.P.No.14618 of 2012.

(2.) The facts in brief in this appeal are that the second respondent joined the services of the appellant-corporation on 14.11987, as a driver. On 24.07.2003, there was an accident, resulting in loss of life of a lady. The second respondent was placed under suspension.

(3.) A show cause notice was issued to him and explanation was sought for. In his reply, it was stated that when he was trying to avoid hitting an old woman who suddenly crossed the road, and turned the bus to his left, the accident occured. Charges were framed against the second respondent. In the reply to the charge memo, it was stated that the deceased was mentally retarded and that the accident occurred, when she came very near to the vehicle. After perusing the documents and after hearing the witnesses, the Enquiry Officer, came to the conclusion that the victim was mentally retarded.