Sacked conductor gets reprieve as HC upholds labour court

In a relief for a conductor, who was dismissed from service, the Madras High Court today upheld the award of a labour court and directed the management to pay 50 per cent back wages from the date of the award till his superannuation.
The conductor was dismissed for shortage of just 30 paise in a day's collection during inspection in August, 1993.
He obtained a favourable order from the Labour court, but could not rejoin duty as the Metropolitan Transport Corporation's management had obtained a stay. Subsequently he retired from service.
Justice R Suresh Kumar gave the directive while dismissing the petition filed by MTC (Chennai Division-I), challenging the award passed by the Labour court dated February 11, 2002.

On August 3, 1993, an inspection team found 30 paise shortage in collection and after an inquiry, M K Dananjayan was dismissed from service following which he approached the labour court.
The labour court directed the management to reinstate him in service and pay 30 per cent back wages.

Aggrieved, the management moved the court and obtained an interim stay.
Finding that the petition was pending over 15 years, Justice Suresh Kumar took up the matter.
Though there was no representation on behalf of the conductor, he passed the order after hearing the counsel for MTC.
The judge said the labour court has concluded that as per the standing orders which were in vogue in the management, if the shortage was Rs 20, the same can be permissible.

Here in the case on hand, the alleged shortage was only 30 paise.
"The action of dismissal from service for the charges which had not been proved was found unjustifiable, as per the findings of the labour court and therefore, there is justification on the part of the labour court to come to the conclusion that the dismissal from service was unlawful," the judge said.
"Therefore, the findings given and the conclusion reached by the labour court, cannot be found fault with," the judge added.