D H SYED KASIM Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The petitioner is a workman. He has filed the present writ petition, seeking to challenge the preliminary Award, dated 15.11.2000 and final Award dated 26.6.2001 passed by the first respondent Labour Court, Salem in I.D.No.760 of 1998. After setting aside the same, he seeks for a direction to second respondent to reinstate the petitioner with continuity of service and backwages.

(2.) By the preliminary Award, dated 15.11.2000, the Labour Court held that the enquiry conducted against the workman was fair and proper and that findings recorded by the Enquiry Officer are supported by evidence. Thereafter, arguments were heard on the proportionality of punishment. The labour court found that the punishment given to the workman, i.e. dismissal was not disproportionate to the gravity of misconduct committed by him and that there were no grounds to interfere with the penalty imposed on the petitioner. The writ petition was admitted on 28.9.2001. Notice was ordered to the second respondent management.

(3.) The facts leading to passing of the impugned Award are as follows: The petitioner joined as a Driver in the second respondent Transport Corporation with effect from 17.2.1989. While he was on duty on 23.10.1995 at about 15.00 hours, the bus met with an accident and collided against a lorry coming on the opposite direction. The petitioner as well as certain passengers sustained injuries. One of the passenger who got injured finally succumbed to the injuries while in the hospital. The petitioner was given a charge memo on 1.11.1995 for rash and negligent driving and causing loss to the Corporation. The petitioner gave his explanation on 6.11.1995. A domestic enquiry was conducted against the petitioner. In that enquiry, the second respondent examined the Conductor of the bus as M.W.1 and an Assistant Engineer K.C.Elangovan as M.W.2. The petitioner gave his statement as W.W.1. The enquiry officer found the petitioner guilty of charges vide his report, dated 6.1.1996.