K RAJENDRAN Vs. PRESIDING OFFICER LABOUR COURT VELLORE

JUDGEMENT

(1.) THIS writ petition is directed against the award of the Labour Court dated 2 february, 1996 dismissing the Industrial Dispute raised by the petitioner. THE FACTS:-

(2.) THE petitioner was employed as a Conductor in the second respondent corporation. On 20 June, 1991 he was on duty in the bus bearing registration no. TN-29-0153 plying between Dharmpuri and Hosur. The bus was checked by the checking officials employed by the second respondent at a place called royakottai. There were twenty passengers in the bus. The checking officials physically verified the ticket with each of the passengers. Though eighteen passengers showed the tickets two of the passengers were not in a position to produce their tickets. The checking officials also found that a sum of Rs. 62/-was in excess of the accounted collection. The petitioner was questioned and he gave a statement in writing admitting the guilt. The driver of the bus also counter signed the statement given by the petitioner. The passengers who were travelling without ticket were identified as one Raja and his wife.

(3.) A copy of the check report was also given to the petitioner. Subsequently a charge sheet was issued to the petitioner and since his explanation was found to be not satisfactory, departmental enquiry was ordered. The petitioner participated in the enquiry and ultimately the enquiry officer submitted his report wherein it was stated that the charge framed against the petitioner was proved. The enquiry report was considered by the second respondent and a second show cause notice was issued to him. The explanation submitted by the petitioner was not accepted by the second respondent and accordingly he was imposed with the punishment of dismissal.