MANAGEMENT TAMIL NADU STATE TRANSPORT CORPORATION COIMBATORE Vs. PRESIDING OFFICER LABOUR COURT COIMBATORE

JUDGEMENT

(1.) Aggrieved by the award passed by the Labour Court both the management as well as the workman approached this Court. The workman filed in W.P. No. 33035/2004 challenging the award in respect of denial 50% of backwages whereas the management filed in W.P. No. 38440/2003 against the award reinstating workman with 50% of the back wages. Both the writ petitions are dealt with together and for sake of convenience the workman is described as such and the Transport Corporation is described as "Management."

(2.) The facts of the case are as follows: The workman joined service as Driver on October 23, 1976 and he was made permanent on July 27, 1978. It was alleged that the workman absented himself without authorisation from March 25, 1988 and a notice was alleged to have been given to the workman. After making a paper publication, a domestic enquiry was conducted and he was terminated on October 3, 1988.

(3.) Challenging his termination the workman filed W.P. No. 8864/1990 and the same was dismissed, observing that the workman could seek redressals before the Labour Court. Thereafter, the workman raised an Industrial Dispute in I.D. No. 535/1990 and by award dated July 26,1994, the Labour Court reinstated the workman with 50% back wages. Against the said award the management preferred W.P. No. 19791/1994 which was disposed on March 7, 2002 setting aside the Labour Court award remanding the matter for fresh consideration.