TNSTC told to reinstate driver after 14 years

CHENNAI: The Madras High Court came to the rescue of a driver attached to the Tamil Nadu State Transport Corporation who was dismissed from service for causing a fatal accident. The court directed the Corporation to reinstate him into service with all consequential benefits, after 14 years.According to P Vetrivel, he was engaged as a temporary driver on daily wages but paid monthly with effect from November 1997. On July 12, 1998, while he was on duty in a bus on the Chengalpattu-Tambaram route, he stopped the bus near the railway gate on GST road to enable the conductor to issue tickets due to large number of passengers. After the conductor issued tickets, hearing a whistle from the conductor, he started moving the bus. One passenger could not get into the bus and he ran along with the bus and tried to get into the front entrance. In the process, he fell and got injured and was taken to the government hospital for treatment. He, however, died later.A charge memo was issued to the conductor alone whereas the petitioner was refused duty from July 12, 1998 and no chargesheet was issued to him. However, subsequent to acquittal by the criminal court, the conductor was restored to duty. But without inquiry the petitioner was denied employment on the ground of negligent driving. The Corporation had to pay a compensation to the deceased family and as the accident had happened within the short period of employment, he was not eligible for reinstatement, the STC had said.Allowing the petition, Justice Chandru observed that the impugned order clearly showed that his termination was due to the misconduct committed by him. But admittedly,  no inquiry had been conducted against the petitioner contrary to the standing orders. The standing orders did not make any difference between a permanent worker and a temporary worker. Though an employee of a State-owned government company was not having a constitutional protection under Article 211 (2) of the Constitution, the Supreme Court had held that even a worker of a transport corporation could not be simply terminated without affording a reasonable opportunity.“It is unnecessary to conduct any inquiry against the petitioner. The TNSTC is hereby directed to reinstate the petitioner into service,” the judge said.