MANAGEMENT Vs. V.KANCHIVANAM

JUDGEMENT

(1.) One Kanchivanam was employed as a driver in TNSTC, Madurai Division (I) from February, 1987. The bus driven by him on 05.11.2003 met with an accident. Three persons died. In this a criminal case was registered against the said Kanchivanam. The Management issued a charge memo. Domestic enquiry was conducted. The enquiry officer found that the charges framed against the writ petitioner stood established. After giving second show cause notice, the said Kanchivanam was dismissed from service on 23.01.2004.

(2.) The workman raised an Industrial Dispute and the same was taken on file in I.D.No.35 of 2005 on the file of the Labour Court, Madurai. The fairness of the domestic enquiry was not challenged. On the side of the both parties, no oral evidence was adduced. On the side of Management, Ex.M1 to M9 were marked. The labour Court came to the conclusion that the charges framed against the writ petitioner were not established and set aside the order of dismissal. The labour Court directed the reinstatement of the workman. But then, the benefit of backwages was denied to him. To this effect, award dated 08.09.2009 was passed. The said award is challenged by the Management in W.P.(MD)No.6339 of 2011. The workman has also questioned the award insofar as the denial of his backwages. W.P.(MD)No.444 of 2013 filed by the workman is also listed before me today.

(3.) Heard the learned counsel on either side.