MANAGEMENT Vs. PRESIDING OFFICER

JUDGEMENT

(1.) This appeal filed by the Management of the Tamil Nadu State Transport Corporation is directed against the order passed by this Court in dated 26.10.2005 filed by the second respondent herein.

(2.) The second respondent was working as a conductor in the appellant/corporation attached to Vandavasi Depot and a charge memo dated 16.09.1994 was issued stating that, while he was working in Route No.104V from Vandavasi to Madras, the ticket checkers checked the bus. During the time of checking, it was found that the second respondent has misappropriated money and shortage was found in the cash bag. This ultimately led to an order of dismissal from service on 27.08.1996.

(3.) The second respondent raised the dispute under Section 2A(1) of the Industrial Dispute Act, 1947 [for brevity 'the Act'] which was taken on file as I.D.No.172 on the file of the first Additional Labour Court, Chennai. Before the labour Court, the second respondent/workman examined himself as W.W.1 and marked two documents as Exs.W.1 and W.2. Management examined two witnesses as M.W.1 and M.W.2 and marked 11 documents as Exs.M.1 to M.11. The labour Court framed two points for consideration namely the enquiry conducted was fair and proper and whether the second respondent is entitled to reinstatement with continuity of services, with full backwages and all other attendant benefits. The Labour Court by award dated 20.04.2005 held that the domestic enquiry was fair and proper and that the charges have been proved. The second respondent is not entitled for the relief of reinstatement. Challenging the award of the Labour Court, the second respondent filed dated 26.10.2016 which was partly allowed by directing reinstatement of the second respondent in service without other attendant benefits. Challenging the said order passed in the writ petition, the appellant corporation is before us.