CHENNAI: Past issues of an employee can be recorded in the relevant files only if the present charges are proven, the High Court said while quashing the termination of a Tamil Nadu State Transport Corporation bus driver.
Justice S Vaidyanathan gave the ruling, while disposing of an appeal from the management of the TNSTC (Villupuram) in Kancheepuram. The TNSTC had challenged an order of the Special Joint Commissioner of Labour in Teynampet, which quashed the TNSTC's order for terminating services of bus driver R Bakthavatsalam for causing a fatal accident.
The judge stressed that the Labour Commissioner had come to the conclusion that there was no evidence to support the charges against the driver. It had been contended by the Corporation that employee had caused two other accidents and suffered punishment.
"Past records can be looked into, provided present charge is proved. As the present charge is not proved, there is no need to look into the past records at all," the judge said and ordered Bakthavatsalam’s reinstatement from August 16.