MANAGING DIRECTOR TAMIL NADU STATE TRANSPORT CORPORATION (VILLUPURAM DIVN III) LTD Vs. PRESIDING OFFICER II ADDL LABOUR COURT AND R JAGADEESAN

JUDGEMENT

(1.) The petitioner Corporation has filed the present writ petition challenging the award of the first respondent labour Court, dated 31.8.2000, made in I.D. No. 546 of 1997, ordering reinstatement of the second respondent, with continuity of service, with 50% backwages, along with the other attendant benefits.

(2.) It has been stated by the petitioner Corporation that the second respondent was dismissed from service, on 17.3.1993, for committing serious acts of misconduct in the petitioner Corporation. Even before the order of dismissal was passed, the conduct of the second respondent was not satisfactory. He has been punished for several acts of misconduct. However, in spite of the repeated warnings and punishments, the second respondent did not correct himself. He continued to be negligent in performing his duties and was disrespectful towards the other staff members and the members of the Management of the petitioner Corporation.

(3.) It has been further stated that the petitioner Corporation had served a show cause notice, dated 28.8.1992, for which the second respondent had submitted his explanation. Not being satisfied with the explanation, the petitioner Management had ordered a domestic enquiry. Sufficient opportunity was given to the second respondent to participate in the domestic enquiry. The enquiry was conducted by the enquiry officer in a fair and proper manner, following the principles of natural justice. After analysing the materials available on record and by taking into consideration the evidence from both sides, the enquiry officer had come to the conclusion that the charges against the delinquent employee was proved. Based on the enquiry, a second show cause notice was served on the second respondent, on 14.2.1993. The second respondent had submitted his explanation, on 23.2.1993. Not being satisfied with the explanation submitted by the second respondent, the petitioner Management had passed an order of dismissal, on 17.3.1993, dismissing the second respondent from service.