HIGH COURT OF MADRAS
Honourable Mr Justice R. SUBRAMANIAN
the secretary – Appellant
Versus
the management tamilnadu transport corporation sal – Respondent
J U D G M E N T
(Judgment of the Court was made by R.SUBRAMANIAN, J.
Challenge in this appeal is to the order of the Writ Court made in W.P.No.14965 of 2017 dated 02.08.2023, in and by which the writ court, while setting aside the award of the Labour Court, upheld the punishment of stoppage of increment for one year with cumulative effect imposed on the employee.
The brief facts that led to the litigation are as follows:-
2. The appellant who was working as a driver in the respondent Corporation, was driving the bus from Chidambaram to Salem on 04.03.2009, at around 7.45p.m., the conductor of the bus, who was admittedly travelling on the foot-board fell down and lost his life.
3. The appellant was charged with rash and negligent driving resulting in the death of the conductor. After the departmental enquiry, the appellant was visited with the punishment of stoppage of increment with cumulative effect for two years. In the departmental appeal, the punishment of stoppage of increment for a period of two years was modified and the punishment imposed was reduced to stoppage of increment for a period of one year with cumulative effect.
4. Aggrieved, an Industrial Dispute was raised by the Uni
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