Tamil Nadu State Transport v. The Presiding Officer & Another
2005-09-12
A.KULASEKARAN, MARKANDEY KATJU
body2005
DigiLaw.ai
Judgment :- (Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 19.3.2004 passed in Writ Petition No.303 of 1999.) The Honourable Chief Justice: This writ appeal has been filed against the impugned order of the learned single Judge dated 19.3.2004 passed in Writ Petition No.303 of 1999. 2. We have heard the learned counsel for the appellant and find no merit in this appeal. 3. The facts in detail have been given in the judgment of the learned single Judge and hence, we are not repeating the same except where it is necessary. The respondent-workman was charged on the allegation that he has made a false claim towards transport travelling allowance. The enquiry officer found the respondent guilty, but the Labour Court held that there was violation of natural justice as he was not given sufficient opportunity to defend himself. Moreover, the Labour Court has also found on merits that the charges have not been established. 4. After the amendment to the Industrial Disputes Act in 1971 by inserting Section 11-A it is well settled that the Labour Court can sit as a court of appeal and can reverse findings of fact recorded by the domestic enquiry officer. The finding of the Labour Court is a finding of fact and hence we cannot interfere with the same in writ jurisdiction. The writ appeal is dismissed. W.A.M.P.No.3026 of 2005 is closed.