THE MANAGEMENT, TAMIL NADU STATE TRANSPORT CORPORATION (KUMBAKONAM) LIMITED Vs. THE JOINT COMMISSIONER OF LABOUR AND ORS.

JUDGEMENT

(1.) The Management of the Tamil Nadu State Transport Corporation, (Kumbakonam) Limited, is the appellant before us and was the writ petitioner, who had challenged the order, dated 20.05.2011, passed by the first respondent, in Approval Petition No.254 of 2004. The writ petition was dismissed, by order dated 18.12.2014.

(2.) We have heard Mr.D.Sivaraman, learned counsel appearing for the appellant and Mr.G.M.Xavier, learned counsel appearing for the second respondent / employee.

(3.) The second respondent was appointed as Conductor in the appellant / Transport Corporation during 1985 and while he was on duty on 21.06.2003 in the Corporation Bus plying between Pudukkottai and Thanjavur, the amounts collected from the passengers were said to have been verified and it revealed that the second respondent had re-issued the tickets and had misappropriated Rs.16.50, thereby committed a delinquency under Clauses 16(4) and 16(14) of the certified Standing Orders of the appellant / Transport Corporation. Pursuant to this incident, a charge memo dated 26.06.2003 was issued calling for explanation from the second respondent. The explanation submitted by the second respondent was found to be not satisfactory and a domestic enquiry was directed to be conducted. The second respondent initially took adjournments in the domestic enquiry and subsequently, appeared along with a defence assistant and the Enquiry Officer, after taking note of the materials placed before him and also taking note of the previous delinquencies, held that the charges were proved. A copy of the enquiry report, dated 25.09.2003, was furnished to the second respondent along a show-cause notice, dated 18.12.2003, for which, the second respondent submitted a reply on 08.07.2004, which was found to be not satisfactory by the appellant / Management. Accordingly, by order dated 27.09.2004, the second respondent was dismissed from service.