Chennai: A driver of the state express transport corporation (SETC), sacked 16 years back and who has just two months to retire, has won a court battle, with a city labour court directing the corporation to reinstate him with back wages.
Setting aside the dismissal order, judge of the III additional labour court, A. Zakir Hussain, directed SETC to reinstate him with back wages from February 2010 and with all consequent benefits.
In a petition, P. Rathinam of Chettykulam, Tirunelveli, submitted that he had joined SETC as driver in 1986. An accident occurred when the vehicle was proceeding to Marthandam from Madras on November 7, 1998.
Rathinam lost control of the vehicle after the front left tyre of the vehicle burst and rammed a stationary lorry in Naduveerapattu, near Kovilpatti. In the impact, four persons, including the conductor, died and Rathinam and seven others suffered injuries.
SETC dismissed him from service following a departmental enquiry in 1999. A court in Virudunagar acquitted him from the criminal case in 2002.
The conciliation process initiated by a labour officer failed. In 2009, the Madras high court permitted Rathinam to approach the labour court.
Rathinam, who was scheduled to retire on March 31, 2014, submitted that the dismissal order, based on departmental proceedings, had violated the principles of natural justice.
Hence, he prayed to the court to set aside the dismissal order and reinstate him with back wages.
Counsel for the petitioner, P. Ashok Kumar, contended that the enquiry officer appointed by SETC had not collected evidence from any eyewitness but had relied on the statement of an SETC checker.
The corporation had also agreed that the bus rammed against the lorry after a flat. However, he was sacked based on the report of the enquiry officer.
SETC counsel M. Chidambaram denied the allegation and contended that the driver was sacked due to negligence.
Judge Zakir Hussain stated that the charge against the petitioner was unsustainable under law and directed SETC to reinstate him and provide him back wages and all retirement benefits.
