M.V. Muralidaran, J.

This writ petition has been filed challenging the order of the first respondent/Labour Court, Madurai, passed in I.D.No.144 of 2001 dated 12.05.2008, wherein the first respondent/Labour Court has passed an order reinstating the second respondent with continuity of service.

2. The case of the petitioner is that the petitioner is the General Manager, State Express Transport Corporation, Pallavan salai, Chennai - 2 and the second respondent, namely, M.Vanagamu has worked as Conductor in the petitioner Corporation. When the second respondent was on duty in the route No.846 from Bangalore to Madurai, at the point of checking at Andhipalli, the Checking Inspector while making his checking, he found that though the second respondent collected Rs.80/- from four full tickets passenger and two half tickets passenger for the journey from Bangalore to Hosur, he failed to issue tickets to the passengers. Therefore, he has misappropriated the above said fare amount. Based on the report given by the Checking Inspector, the petitioner has been issued a charge memo to the second respondent on 12.06.1998. On receipt of the said charge memo, the second respondent has submitt