TAMIL NADU STATE TRANSPORT CORPORATION VILLUPURAM-DIVISION-II LIMITED Vs. PRESIDING OFFICER LABOUR COURT VELLORE

JUDGEMENT

(1.) THE Writ Petition has been filed as against the impugned award dated 28.06.2001 by which the second respondent was reinstated with all benefits in the petitioner Management Corporation. THE facts of the case are as follows:

(2.) ACCORDING to the petitioner the second respondent was a casual employee on daily wages of Rs.78/- per day and he was not a permanent employee and he had not put in continuous service. The second respondent was employed as driver and on 09.07.1994, the second respondent drove the bus in a rash and negligent manner and dashed against a tree at the extreme left side of the road resulting in death of three persons and injuring five others. Because of the said accident, the petitioner had to pay heavy compensation. Therefore, the petitioner decided not to engage the second respondent any more.

(3.) THE petitioner filed counter affidavit and contended that the second respondent cannot raise Industrial Disputes under Section 2(A) of the Industrial Disputes Act and he would not come within the definition of the worker that he never performed duty as a permanent worker in the Corporation and that he was only working as a casual employer. It is also stated in Paragraph 7 of the counter statement that the second respondent/driver drove the vehicle in a rash and negligent manner and he was solely responsible for the accident.