Chennai: A conductor, dismissed from service for shortage of 30 paise in a day’s collection during inspection, got reprieve from Madras high court as it upheld an earlier favourable labour court order.
Madras HC not only upheld the Labour court order but also directed the management of Metropolitan Transport Corporation to pay 50 per cent wage arrears from the date of the award till his superannuation.
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.
M.K. Dananjayan was appointed as a conductor on August 1, 1986. On August 3, 1993, while he was in duty, a sudden inspection was undertaken, where the team found shortage of 30 paise in collection.
After holding enquiry, he was dismissed from service. He approached the labour court, which directed the management to reinstate him in service and pay 30 per cent back wages. Aggrieved, the management filed this petition in 2002 and obtained an interim stay.
Finding that the petition was pending over 15 years, Justice Suresh Kumar took up the matter and though there was no representation on behalf of the conductor, after hearing the counsel for MTC, passed the current order.
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. On perusal of the award, especially the reasoning given by the labour court in its finding to reach the conclusion, this court was of the view that the finding of the labour court, was neither perverse nor lack of support with any materials, the judge added. The judge said if at all the conductor was guilty of any shortage of amount, which was lesser than '20, even according to the standing orders of the management, no action needs to be taken against such erring employee.
