K.RAVICHANDRABAABU,J. VRI Accordingly, the writ petition is allowed and the impugned award is set aside and consequently, the punishment imposed by the Management against the second respondent is restored. No costs. The connected miscellaneous petition is closed. 24.01.2020

[1/24, 12:14] sekarreporter1: IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2020
ORDERS RESERVED ON 09.01.2020
ORDERS DELIVERED ON 24.01.2020
CORAM
THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU
W.P.No.37956 OF 2016
and
WMP No.32551 of 2016
The Management,
Tamilnadu State Transport Corporation (Villupuram) Ltd.,
Thiruvannamalai Region,
Thiruvannamalai,
Rep. by its General Manager. …Petitioner
Vs.
1.The Presiding Officer, I Additional Labour Court, Vellore.
2.M.Sekar …Respondents
Prayer:Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of certiorari to call for the records of the first
respondent made in I.D.No.172 of 2014 dated 25.05.2015 and to quash the
same as illegal.
For Petitioner : M/s.Rajeni Ramadoss
For Respondent : Mr.S.T.Varadarajulu for R2
R1 – Court
[1/24, 12:14] sekarreporter1: some of the delinquency committed such as short payment amounts to
permanent misappropriation, are serious
charges. Therefore, it is evident that the second respondent is not a fit
person to continue in service. Accordingly, the Management has rightly
taken a decision to dismiss him from service, which in my considered view,
does not require any interference. Therefore, the Labour Court was not
justified in interfering with such punishment.

  1. In view of the above stated facts and circumstances, this Court is not
    convinced to accept the last submission made by the learned counsel for the
    second respondent for atleast modifying the punishment as one of
    compulsory retirement.
    27.Thus, the moral of the story is that if one commits misconduct repeatedly
    and suffers only minor punishment for the same, let him not think that he
    will escape at all times and be aware that a major punishment awaits him, if
    he commits the same misconduct once again.
    [1/24, 12:14] sekarreporter1: K.RAVICHANDRABAABU,J.
    VRI
  2. Accordingly, the writ petition is allowed and the impugned award is set
    aside and consequently, the punishment imposed by the Management
    against the second respondent is restored. No costs. The connected
    miscellaneous petition is closed.
    24.01.2020
    Speaking/Non Speaking
    Index:Yes/No
    vri

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