TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM) LTD. Vs. JOINT COMMISSIONER OF LABOUR (CONCILIATION) AND ORS.

JUDGEMENT

(1.) This Writ Petition is filed to quash the order of the First Respondent dtd. 1/8/2005 in Approval Petition No. 386 of 2003 whereby the Petition filed by the Petitioner herein for approval of the dismissal of the Second Respondent was rejected.

(2.) The Second Respondent was appointed as a Conductor in the Petitioner Corporation. According to the Petitioner, he was absent from duty between 28/7/2001 and 14/8/2001 without prior information or permission. Accordingly, a charge memorandum dtd. 18/8/2001 was issued to him calling for an explanation with regard to his absence. In view of the fact that the explanation dtd. 29/8/2001 was not satisfactory, a domestic enquiry was conducted and the Enquiry Officer submitted a report dtd. 28/12/2001 (the Enquiry Report) holding that the charges against the Second Respondent were proved. Meanwhile, pending enquiry, the Second Respondent resumed duty on 4/9/2001. Based on the Enquiry Report and taking into account the past conduct of the Second Respondent, a second Show Cause Notice dtd. 15/1/2002 was issued to the Second Respondent proposing the punishment of dismissal from service. The Second Respondent acknowledged receipt of the Show Cause Notice on 4/2/2002 but did not submit an explanation in respect thereof. Thereafter, the Petitioner issued an order dtd. 4/2/2003 dismissing the Second Respondent from service.

(3.) An industrial dispute between the management of the Petitioner Corporation and unions of workmen was pending before the First Respondent and, therefore, the Petitioner filed a Petition before the First Respondent for approval in respect of the dismissal of the Second Respondent under Sec. 33(1)(b) of the Industrial Disputes Act, 1947 (the ID Act). By order dtd. 1/8/2005, the First Respondent rejected the Petition for approval. The present Writ Petition was filed by the Petitioner to challenge the said order dtd. 1/8/2005. Meanwhile, it is the admitted position that the Second Respondent attained superannuation on 31/1/2013.