- (1.) CHOLAN Roadways Corporation Limited has filed the present writ petition challenging the order passed by the Industrial Tribunal rejecting the approval petition filed by the Corporation under Section 33 (2) (b) of the Industrial Disputes Act, 1947.
(2.) THE facts giving rise to the present writ petition are as follows: -Respondent No. 1 was working as Conductor under the petitioner Corporation. On 13. 5. 1993 when the Checking Inspectors checked the bus, they found that 67 betel nut bundles were in the bus as unaccompanied luggage for which Respondent No. 1 has issued ticket for Rs. 47. 40p but, as per Luggage Rules, total amount payable was Rs. 147. 40p. It was charged that Respondent No. 1 with an intention to misappropriate has mentioned only Rs. 47. 40p in the luggage ticket and on seeing the Checking Inspector, he hurriedly added the figure "1" to show as if the ticket has been issued for Rs. 147. 40p. Moreover, as per the Rules of the Corporation, the ticket for luggage should have been handed over to the Driver, but the Conductor had not done so. On being questioned by the Checking Inspector, the Driver had admitted that the copy of the ticket was not given to him by the Conductor and the Driver has stated that only Rs. 47. 40 had been taken. Another charge was to the effect that there was shortage of Rs. 7. 15p in the cash bag when it was checked by the Checking Inspectors. A disciplinary proceeding was held in the presence of Respondent No. 1. The Enquiry Officer came to the conclusion that the ticket was issued only for Rs. 47. 40p, but on seeing the Checking Inspectors, the Conductor had hurriedly put the figure "1", which was apparent as it was in a horizontal manner. It was also found that there was shortage of Rs. 7. 15p. After issuance of second show cause notice, Corporation passed an order of dismissal. However, since an Industrial Dispute was pending before the Tribunal, Approval Petition as contemplated under Section 33 (2) (b) for seeking approval of the action taken by the Corporation in dismissing the first respondent was filed and such Approval Petition having been rejected by the Tribunal, the present writ petition has been filed.
(3.) IN the counter affidavit filed by the first respondent it was contended that ticket had been issued for Rs. 147. 40p, but since figures are to be written while the Conductor was in a standing position, figure "1" appears to be horizontal. So far as shortage of Rs. 7. 15p was concerned, it was contended that such shortage use to occur in everyday collection and it should not be considered as a misappropriation.;