The Hindu : Tamil Nadu / Chennai News : Bus conductor’s petition against Labour court order dismissed

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Sunday, Nov 22, 2009
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Tamil Nadu

Tamil Nadu - Chennai

Bus conductor’s petition against Labour court order dismissed

K.T. Sangameswaran

CHENNAI: The presence of excess cash in the bag of a conductor of a State transport corporation has cost him his job.

The Madras High Court has dismissed a petition filed by him challenging an award of a Labour Court dismissing the industrial dispute raised by him.

K.Rajendran was employed as a conductor in the then Annai Satya Transport Corporation (now renamed as TNSTC, Salem, Division-II), Dharmapuri. On June 20, 1991 when he was on duty in a bus plying between Dharmapuri and Hosur, officials conducted a check at Royakottai. Though 18 passengers produced their tickets, two were not in a position to show tickets. The checking staff also found Rs.62 in excess of the accounted collection in the conductor’s bag. The conductor was questioned and he gave a written statement admitting his guilt.

After a charge sheet and an enquiry, Mr.Rajendran was dismissed. The dismissal was raised as an industrial dispute and the Labour Court, Vellore, found that the misconduct was clearly proved. Accordingly, the dispute was dismissed. Against this award, he had filed the writ petition.

Justice K.K.Sasidharan said the bus driver had given a statement admitting that when two passengers were questioned by checking officials, they had said that though they gave the fare amount to the conductor, no tickets were issued to them.

The Judge said the Labour Court had dealt with the issue in extenso. It had also considered the proportionality of the punishment. The petitioner was found having excess cash in his bag. It was for him to have explained as to how he had the amount. His explanation in the light of the evidence tendered on his side was not sufficient to discharge that burden. It was not possible in a case like this to examine the passengers for deciding the charge against the conductor.

Mr.Justice Sasidharan said the transport corporation had succeeded in proving that the petitioner had not issued tickets to the passengers though he had collected the appropriate fare from them. Enquiry further proved that he was having excess cash. Such a possession coupled with the fact that two passengers were not having tickets clearly proved the misconduct.

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