The High Court set aside the Labour Court award dismissing a workman for alleged misappropriation. It directed reinstatement without back wages due to a long lapse but granted continuity of service for terminal benefits.
Award of Labour Court set aside; Petitioner reinstated without back wages but with continuity of service for terminal benefits.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.10.2018
CORAM
THE HON'BLE DR.JUSTICE S.VIMALA
W.P.No.20535 of 2004
V.M.Anandan
C/o RMTC Workers Union (AITUC)
56,Subbha Naidu Street, North Rathaveedi
57,
Dindigul. ... Petitioner
Vs
1.The Presiding Officer
Labour Court, Tiruchirapalli
Dindigul Camp.
2.The Management
Tamil Nadu State Transport Corporation
(Madurai Division IV) Limited, Dindigul.
... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the award made in I.D.No.115 of 1997 dated 03.09.2003 (received by the petitioner on 06.01.2004) on the file of the 1st respondent and quash the same and consequently direct the second respondent to reinstate the petitioner with full backwages, continuity of service and all attendant benefits.
This writ petition has been filed by the petitioner / workman, challenging the award passed by the labour court dated 03.09.2003, confirming the finding of the Enquiry Officer, leading to the dismissal of the petitioner from service.
duty in the bus bearing Registration No.TN 57 0373, which was on a trip from Nagur to Palani, checking was conducted. He was informed by the Checking Inspector about the issuance of tickets to 31 passengers and also that an aged passenger got down before reaching Chatrapatti and that he had obtained a ticket from Dindigul to Palani from a passenger who got down at Dindigul and had re-issued it to another passenger. On the above charge, the petitioner was issued a spot memo calling for explanation.
charges and with respect to the first charge of misappropriation of Rs.8.20 paise, the labour court has given a finding that the the petitioner has only violated the rules and allowed a passenger to travel with a ticket which was obtained from another passenger who had got down in the middle and as such there is no misappropriation and he had only caused loss to the respondent corporation by not collecting the fare from the passenger from Dindigul to Palani. With regard to the second charge of misappropriation of Rs.7.60 from two passengers, the labour court has given a finding that M.W.1 failed to obtain the statement from the said two passengers and that as it was midnight, and on the eve of Deepavali, the petitioner also could have been negligent in checking the number of passengers after crossing the stage of Ottanchattiram and the labour court came to a conclusion that there is an act of negligence on the part of the petitioner by not checking the passengers without tickets and thereby he has caused loss to the respondent.
Sd/Assistant Registrar(CS IV)
//True Copy//
Sub Assistant Registrar
TO
1.The Presiding Officer Labour Court, Tiruchirapalli Dindigul Camp.
2.The Management Tamil Nadu State Transport Corporation (Madurai Division IV) Limited, Dindigul.
W.P.No.20535 of 2004
KK(CO)
GSP(20/12/2018)
2 issues framed by the court
Whether the Labour Court award should be set aside to reinstate the workman with continuity of service.
Whether back wages should be awarded considering the long lapse time.
2 provisions across 1 enactments
V.M.Anandan
The Presiding Officer Labour Court, Tiruchirapalli
The Management Tamil Nadu State Transport Corporation (Madurai Division IV) Limited
S.Vimala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
