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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Vijayakumar, J
The Management, Tamil Nadu State Transport Corporation Tirunelveli Limited – Appellant
Versus
The General Secretary, Nellai District Transport Employees Union (CITU) – Respondent
| Table of Content |
|---|
| 1. challenge to labour court award regarding negligence. (Para 1 , 2 , 3) |
| 2. defense of workman against allegations. (Para 5) |
| 3. court determined the absence of negligence. (Para 7) |
| 4. labour court's findings on the enquiry report’s deficiencies. (Para 8) |
| 5. final decision on writ petition dismissal. (Para 9) |
O R D E R
The Management of the State Transport Corporation, Tirunelveli has filed the present Writ Petition challenging the Award of the Labour Court, Tirunelveli in I.D.No.89 of 2018, dated 28.02.2020.
2. One Mr.K.Selvaperumal, who was working in the Transport Corporation was issued with a charge Memo on 12.08.2013 for having involved in a fatal accident. After domestic enquiry, workman was imposed with punishment of postponement of increment for a period of two years with cumulative effect. Challenging the same, the workman had raised the industrial dispute.
3. The Labour Court, after considering the documentary evidence filed on either side has arrived at a finding that the rider of the two wheeler had attempted to overtake the bus and he had dashed against the front right side of the bus. The enquiry report also points out the said fact. In such circumstances, the
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