- (1.) THIS petition has been filed by the Transport Corporation called Pandian Transport Corporation which is a statutory Corporation. An award of the Labour Court, Madurai dated September 30, 1992, is challenged whereby a conductor who was ordered to be dismissed in the domestic enquiry was directed to be reinstated by the Labour Court though, the Labour Court found that the said conductor would not be entitled to the back wages.
(2.) FOLLOWING is the factual panorama : The Respondent conductor was put in two years of service as an apprentice and his period of apprenticeship was extended by six months further. It was during this period that on December 2, 1983 the bus in which he was on duty being TNM-5357 came to be checked by the checking staff during its trip to Marampatti. The checking was done at 11. 45 AM at Choodamanipatti Division. It was found during that checking that 0. 90 paise ticket bearing No. 30744 was issued to a passenger travelling in the bus. It was punched both in the 'up' first stage and in the 'down' 10th stage. The said ticket was recovered from the passenger who put his signature behind the back. Two other tickets bearing Nos. 30745 and 30746 issued were also recovered from two other passengers who were travelling from Kulathur to Vedasandur which were similarly punched both in 'up' 6th stage and in the 'down' 10th stage, thereby, clearly bringing out the position that the conductor was using once used tickets. Necessary investigation was done, statements were recorded and on that basis, a domestic enquiry was ordered against the conductor. A detailed domestic enquiry ensued. Witnesses were examined and cross-examined and a full opportunity came to be given to the respondent conductor. He also examined three witnesses who were cross-examined by the management. Enquiry was completed on March 19, 1984. The enquiry officer submitted a report that the misconduct of the conductor by putting the Corporation to the monetary loss by using the used tickets and thereby misappropriating the amount of the ticket was held to be proved.
(3.) A second notice came to be issued on the question of quantum of sentence proposing a sentence of dismissal wherein a clear reference was made to the previous records of the conductor which was taken into consideration and ultimately not being satisfied with the explanation offered by the conductor, he came to be dismissed. The dismissal was naturally challenged and an industrial dispute was referred to the Labour Court, Madurai, vide I. D. No. 219 of 1989.;