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Madras HC: Previous issues of Employee to be recorded only if present charges proven

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Madras High Court Law Insider

Madras High Court Law Insider

Shivangi Prakash

Published on: August 16, 2021 12:10 IST

The Madras High Court held while quashing the termination of a Tamil Nadu State Transport Corporation bus driver that past issues of an employee can only be documented in the relevant files if the current accusations are verified.

The decision was made while Justice S Vaidyanathan was hearing an appeal from the management of the TNSTC (Villupuram) in Kancheepuram.

The TNSTC had appealed a ruling of the Special Joint Commissioner of Labour in Teynampet, which had invalidated the TNSTC’s decision to terminate bus driver R Bakthavatsalam’s employment after he caused a tragic accident.

The Judge emphasised that the Labour Commissioner had determined that there was no evidence to support the driver’s charges.

It had been contended by the Corporation that the employee had caused two other accidents and suffered punishment.

“Past records can be looked into, provided the 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.

Also Read: Employer-Employee relationship, Contractual Relationship section 35B(1)(b)