MANAGEMENT, TAMILNADU STATE TRANSPORT CORPORATION (SALEM) LTD. AND ORS. Vs. PRESIDING OFFICER, LABOUR COURT, SALEM AND ORS.

JUDGEMENT

(1.) These Writ Petitions have been filed both by the Workman and the Management, challenging the Award dated 26.08.2015 made in I.D.No.40 of 2013.

(2.) For the sake of brevity, the parties would be referred to by their original nomenclature in the Award dated 26.08.2015 as 'the Workman' (in W.P.No.19155 of 2016) and 'the Management' (in W.P.No.8997 of 2016) and the facts are also being taken from the said Award.

(3.) The case of the Workman is that he joined the Management as Driver on 17.09.1986 and continued in the said post till his dismissal from service on 02.08.2010. The further case of the Workman is that on account of his active participation in the Trade Union in the capacity of District Secretary of Salem District, he was victimized by way of dismissal from service. Since he raised his voice in support of a poor employee, who was prevented by the Branch Manager from joining duty, the present disciplinary proceedings were initiated against him and was issued a charge memo dated 29.09.2009 for three charges, namely, 1) he had prevented the Branch Manager from doing his job, 2) execution of work independently without devotion and 3) causing disturbance to the management and creating restlessness among other employees.