S BALASUBRAMANIAN Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) The prayer in this writ petition is to quash the award of the Labour Court made in I.D. No. 255 of 1997, dated 29.9.2000 and direct the second respondent to reinstate the petitioner with backwages and continuity of service.

(2.) The dismissal of the petitioner on 8.4.1996 was confirmed by the Labour Court in the said award. The petitioner passed 9th Standard and obtained licence for driving heavy vehicles. According to the petitioner, he renewed his driving licence from time to time and he was employed as a Driver of lorry under Shanthi Lorry Services from the year 1988 in Coimbatore to Karur route. In the year 1988, with a view to get employment in the Transport Corporation owned by the Government of Tamil Nadu, the petitioner registered his name in the District Employment Exchange, Coimbatore. The District Employment Exchange sponsored a list of eligible candidates for recruiting drivers in the second respondent-Transport Corporation. The petitioner's name having been sponsored, he was called upon to appear for interview on 28.5.1993 in Cheran Training Institute, Pollachi. The petitioner appeared for the interview and according to him, he underwent training in Cheran Training Institute, Coimbatore. The petitioner was selected and appointed as Driver. The petitioner was deputed for training in Cheran Training Institute, Coimbatore and after completion of three months training, he was asked to await for the appointment order. On 23.3.1994, the petitioner was appointed as a Driver on temporary basis with effect from 24.3.1994 in the Town Service Branch-II. The petitioner worked as Driver and he was assigned to drive city buses within the city of Coimbatore. On 4.7.1994, the second respondent again issued an appointment order appointing the petitioner as Driver with the salary of Rs. 4,000/- and he was assigned staff No. 16838 and posted at Town Service Branch-II. The petitioner also deposited a sum of Rs. 500/- towards security deposit. He joined as driver and was driving the Town Bus till 27.5.1995.

(3.) The petitioner was placed under suspension from 27.5.1995 on the ground that he caused an accident on 25.5.1995. A charge memo was also issued on 10.6.1995 stating that the petitioner drove the bus belonging to the second respondent bearing Registration No. TCB 1548 plying from Ukkadam to Kottai Palayam route on 25.5.1995 and when the bus reached near Sharp Nagar at about 7.10 a.m., he drove the bus in a rash and negligent manner due to which the bus capsized into a pit on the left side of the road and 7 persons got injured and 6 of them took treatment in the private hospital as out-patients and one person was admitted in Coimbatore Government Hospital and the petitioner was responsible for the damage caused to the bus to the value of Rs. 4,000/- and the petitioner also caused revenue loss to the tune of Rs. 1,541.05 to the Transport Corporation.