TAMIL NADU STATE TRANSPORT CORPORATION (SALEM) LTD. Vs. THE PRESIDING OFFICER, LABOUR COURT, SALEM AND ANOTHER

JUDGEMENT

(1.) It is to be noted that the second respondent was working as a driver in the appellant Corporation from 01.09.1986. During the course of service, a charge memo dated 02.11.1999 was issued to the second respondent for unauthorized absence from duty for the period from 28.08.1999 to 30.09.1999, 06.10.1999 to 27.10.1999 and from 30.12.1999 to 21.01.2000 without any prior intimation to the management or with proper prior permission from the Branch Manager. Thereafter, an enquiry was ordered to be conducted by the appellant management, by appointing an Enquiry Officer. The Enquiry Officer submitted his report holding that the charges were proved. The appellant management concurred with the findings of the Enquiry Officer and imposed the punishment of dismissal from service on 12.05.2000.

(2.) The second respondent challenged the dismissal order by raising an Industrial Dispute in I.D.No.262 of 2005 before the first respondent, under Section 2(a)(2) of the Industrial Dispute Act, 1947. The first respondent passed an award on 16.09.2008, setting aside the order of dismissal as excessive in nature and directed to reinstate the second respondent, without backwages, promotion or monetary benefits. His future increment will be accrued after completion of one year in service after reinstatement in the regular due date connecting the previous increment before 12.05.2000.

(3.) Aggrieved by the order of the first respondent, the appellant Corporation filed a writ petition in W.P.No.353 of 2010 before this Court. Meanwhile, the second respondent filed a writ petition in W.P.No.34302 of 2012, challenging the portion of the award passed by the first respondent in directing the reinstatement along with break in service from the date of dismissal till the date of reinstatement and denial of backwages, promotion and other monetary benefits.