(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the appellant-Transport Corporation.
2. On the allegation of misappropriation of Rs.16/- at a distant point of time, the first respondent herein, while he was discharging his duty as Conductor, has been removed from service. The first Respondent-Joint Commissioner of Labour (Conciliation) has rejected the Approval Petition in A.P.No.51 of 2005 filed by the Management on the ground of deficit payment of wages. Challenging the said order, the writ petition was filed by the Management. The learned Single Judge, while differing from the view of the first respondent with regard to payment of wages and holding that payment of wages was proper, took a lenient view, considering the length of service of the workman, and directed the Management to consider for imposing any lesser punishment. Challenging the same, the present writ appeal has been filed.
3. Considering the nature of charges, we are also of the view that the punishment of dismissal from service is disproportionate with the charges. Therefore, we do not find any illegality on the view taken by the learned Single Judge. Accordingly, we direct the appellant-Management to reinstate the workman, but, we leave it open to the discretion of the management to impose a lesser punishment to him. Such exercise shall be done within a period of two months from the date of receipt of a copy of this judgment. The writ appeal is disposed of. No costs. The connected miscellaneous petition is closed.
(H.G.R.,J.)(G.J.,J.) 2.8.2017.
Index:Yes/No Internet:Yes/No ssk.
To:
1. The Management, Tamil Nadu State Transport Corporation (Villupuram) Divn II Ltd., rep. by its General Manager, Rangapuram, Vellore.
2. The Joint Commissioner of Labour (Conciliation), D.M.S. Compound, Teynampet, Chennai 600 006.
HULUVADI G. RAMESH, J.
AND G.JAYACHANDRAN, J.
ssk.
W.A.No.923 of 2017
2.8.2017.