Attached accident video Accident case W.P.No.13888 of 2021 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 29.07.2021 CORAM : THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN —It has been insisted by the learned counsel appearing for the 1st Respondent/employee that, at least 25% of the backwages may be paid, as the employee remains without employment from December 2018. 8.As, buses did not ply from March 2020 due to Covid-19 pandemic, the Petitioner/Transport Corporation need not pay backwages to the 1st Respondent/employee from the date of his dismissal till 15.08.2021 and that, the 1st Respondent/employee shall be reinstated in service from 16.08.2021. However, for the period from 17.12.2018, till 15.12.2021, the Petitioner/Transport Corporation shall pay the EPF contribution due to the 1st Respondent/employee, in order to enable him to get better terminal benefits from the time of retirement, if he is not going to face yet another charge. 8.The Provident Fund of the 1st Respondent/employee and the employer shall be paid by the employer i.e. the Petitioner/Transport Corporation without interest, within a period of four months from the date of receipt of a copy of this order. The Writ Petition is ordered accordingly. No costs. Consequently, connected W.M.P.No.14759 of 2021 is closed. 29.07.2021 Index:Yes/No Speaking Order:Yes/No (aeb) Note to Registry : Issue copy of this order on or before 13.08.2021 To: The Special Joint Commissioner of Labour, DMS Campus, Anna Salai, Chennai. S.VAIDYANATHAN,J.
W.P.No.13888 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 29.07.2021
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHANW.P.No.13888 of 2021
The Management,
Tamilnadu State Transport Corporation
(Villupuram) Limited,
rep. By its General Manager,
Kancheepuram Region,
Chennai-Bangalore National Highways,
Karapettai Post,
Kancheepuram – 631 552.… Petitionervs.
1.R.Bakthavachalam2.The Special Joint Commissioner of Labour,
DMS Campus, Anna Salai,
Chennai.… RespondentsWrit Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus, to call for the records pertaining to the order dated 29.10.2019 passed by the 2nd Respondent in Approval Petition No.1 of 2019 and quash the same, consequently direct the 2nd Respondent to approve the order of the Petitioner dated 17.12.2018, dismissing the 1st Respondent from service.
For Petitioner:Mr.L.Ramanathan
for Mr.K.J.SivakumarFor 1st Respondent:M/s. S.Ayyadurai &
M.ElumalaiO R D E R
Petitioner/Transport Corporation has come up with this Writ Petition challenging the order dated 29.10.2019 passed by the 2nd Respondent in Approval Petition No.1 of 2019 and for a consequential direction to the 2nd Respondent to approve the order dated 17.12.2018 passed by them, dismissing the 1st Respondent from service.
2. It is stated by the Petitioner/Transport Corporation that, the 1st Respondent herein was working as a Driver in their Corporation. On the ground that, he drove the Bus in a rash and negligent manner and caused fatal accident and taking into account his past records, the Petitioner/Trasnport Corporation dismissed the 1st Respondent from service vide order dated 17.12.2018, after issuance of a Charge Memo dated 13.04.2017 and after conducting domestic enquiry.
3.When the Approval Petition in A.P.No.1 of 2019 came up for hearing, the 2nd Respondent/Authority, by an order dated 29.10.2019, refused to approve the Petitioner’s order dated 17.12.2018, dismissing the 1st Respondent from service, on the ground that, there was no eye-witness to the accident and that, there is no specific evidence on record as to how the details of the accident have been obtained, to foist the charge against the 1st Respondent/employee. Also, it is seen that, none of the evidence collected have been produced during enquiry proceedings.
4.It is seen that, in the criminal case, the 1st Respondent/employee has been shown as 2nd accused. In all, according to the 2nd Respondent/ Authority, there is no evidence to prove the charges alleged against the employee. Even though, the videograph of the accident in question has not been marked before the Authority concerned, today, the same has been produced before this Court. On viewing the same, this Court noticed that, the 1st Respondent/employee is not all responsible for the fatal accident.
5.Dehors the video produced before this Court, the Authority came to the conclusion that, there is no evidence to foist the charges against the employee. It has been contended by the Petitioner that, the employee has committed two other accidents and suffered punishment. Past records can be looked into, provided, the present charge is proved. As the present charge is not proved, there is no need to look into the past records at all.
6.Learned counsel for the Petitioner/Transport Corporation submitted that, the Petitioner/Transport Corporation may consider the request of the 1st Respondent/employee, if he is willing to give up backwages.
7.It has been insisted by the learned counsel appearing for the 1st Respondent/employee that, at least 25% of the backwages may be paid, as the employee remains without employment from December 2018.
8.As, buses did not ply from March 2020 due to Covid-19 pandemic, the Petitioner/Transport Corporation need not pay backwages to the 1st Respondent/employee from the date of his dismissal till 15.08.2021 and that, the 1st Respondent/employee shall be reinstated in service from 16.08.2021. However, for the period from 17.12.2018, till 15.12.2021, the Petitioner/Transport Corporation shall pay the EPF contribution due to the 1st Respondent/employee, in order to enable him to get better terminal benefits from the time of retirement, if he is not going to face yet another charge.
8.The Provident Fund of the 1st Respondent/employee and the employer shall be paid by the employer i.e. the Petitioner/Transport Corporation without interest, within a period of four months from the date of receipt of a copy of this order.
The Writ Petition is ordered accordingly. No costs. Consequently, connected W.M.P.No.14759 of 2021 is closed.
29.07.2021
Index:Yes/No
Speaking Order:Yes/No
(aeb)Note to Registry : Issue copy of this order on or before 13.08.2021
To:
The Special Joint Commissioner of Labour,
DMS Campus,
Anna Salai, Chennai.S.VAIDYANATHAN,J.
(aeb)W.P.No.13888 of 2021
29.07.2021
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