(1.) THE petitioner Management aggrieved by the order passed by the first respondent Labour Court in I.A.No.207 of 1999 in ID.No.104 of 1995 dated 04.02.2000, the present writ petition has been filed.
(2.) THE second respondent was dismissed from service by the petitioner Management on 18.11.1994. This was on the ground that as a Driver of the Cargo vehicle, he had accommodated passengers, thereby bringing the Company to a grave risk for being prosecuted by the authorities. Before the dismissal, the petitioner Management conducted an enquiry. When the second respondent raised a dispute before the Government Labour Officer, the conciliation could not end in any settlement. THErefore, he gave a failure report.
(3.) APPARENTLY, the said decision had not taken into account the earlier decision of this Court reported in MADURAI-DEVAKOTTAI TRANSPORT PRIVATE LTD., Vs LABOUR COURT, Madurai and another, reported in 1976 2 Labour Law Journal 447. In that Judgment, the Division Bench of this Court had observed as follows: