W.A. No. 923 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON

:: 21.04.2023

PRONOUNCED ON :: 25.05.2023

CORAM

THE HON'BLE MR. S.VAIDYANATHAN, ACTING CHIEF JUSTICE

AND

THE HON'BLE MRS.JUSTICE R.KALAIMATHI

W.A. No. 923 of 2023

&

C.M.P. No. 9233 of 2023

The Management,

Tamil Nadu State Transport Corporation

(VPM),

Vellore Region,

rep. by its General Manager.

..Appellant

Vs.

1.

The Presiding Officer,

Labour Court,

Vellore.

2.

Mr.K. Chandran

..Respondents

Prayer:

Writ Appeal as against the order dated 02.08.2022 passed in

W.P. No. 12595 of 2010.

For Appellant

::

Mr.M. Aswin

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W.A. No. 923 of 2023

For Respondents

::

R1- Labour Court

Mr.S.T. Varadarajulu for R2

J U D G M E N T

(Delivered by The Hon'ble Acting Chief Justice )

The present writ appeal has been filed by the Transport Corporation

challenging the order of the learned Single Judge dated 02.08.2002 in W.P.

No. 12595 of 2010.

2.

The case of the employer was that the employee joined service

on temporary basis on 27.02.1996 and within a period of 15 days, he caused

an accident on 04.04.96 resulting in the death of a pedestrian and that the

Corporation had to pay compensation of Rs.2,73,784/- to the legal

representatives of the deceased in MACT O.P. No. 310/96. Since the

employee was a temporary employee and had put in only 35 days of service,

according to the employer, the employee would not be entitled to any relief.

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W.A. No. 923 of 2023

3.

Admittedly, no enquiry was conducted. The Labour Court

came to the conclusion that as the employee was dismissed from service and

that there was no fault on the part of the employee and taking note of the

totality of circumstances, directed reinstatement without backwages and

without continuity of service. It was held that the employee would be

reinstated in the same position which he was holding on 04.04.1996. The

Labour Court, in paragraph No.16 of the award, has categorically held that

the employee was appointed in accordance with the Rules and that the

competent Criminal Court has held that the offences have not been made

out. That apart, there was no domestic enquiry for the charges against the

employee, but he was dismissed from service and therefore, reinstatement

was justifiable. The learned Single Judge has also confirmed the award of

the Labour Court. If the employee was a temporary driver and was under

probation, as contended by the Management, he could have been terminated

without causing a stigma. Once there is a dismissal based on a foisted

charge that the employee has committed misconduct, namely, rash and

negligent driving causing death of a passer-by, enquiry should have been

conducted as rightly held by the Labour Court and as confirmed by the

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W.A. No. 923 of 2023

learned Single Judge. Taking note of 35 days of service, the Labour Court

has awarded reinstatement without backwages and without continuity of

service. It is represented that the employee had attained the age of

superannuation in 2014. The award of the Labour Court is dated

06.11.2009. Though the employee would not be entitled to backwages prior

to the date of the award, pursuant to the award of the Labour Court in

directing the employee to be placed in the same position which he was

holding on 04.04.1996, he would be entitled to wages from the date of the

award ie., 06.11.2009 till the date of superannuation in 2014.

4.

An affidavit dated 21.04.2023 on behalf of the employee has

been filed stating that the employee is willing to give up 50% of the

backwages. The relevant portion of the said affidavit filed by the employee

is extracted hereunder:

“2.

I submit that I joined in the service of the Appellant

Corporation as Driver on 27.02.1996. I performed the job

diligently and honestly without any blemishes. I