The Madras High Court has upheld the order of a special deputy commissioner of labour (SDCL), who ruled in favour of a bus driver involved in an accident on the Anna flyover, two years ago.
The accident occurred on June 27, 2012. The management of the Metropolitan Transport Corporation (MTC) alleged the bus, proceeding from Broadway towards Vadapalani, was being driven in a rash and negligent manner on the flyover when it rammed into the parapet wall. Forty-six passengers sustained injuries in the accident.
Following an enquiry, the driver, D. Prasad, was dismissed on October 18, 2012. The MTC management filed an approval application under the Industrial Disputes Act to dismiss the driver. The application was rejected by the SDCL on October 18, 2013.
Following this, the driver filed a writ petition before the High Court for a direction to the MTC to reinstate him with continuity of service and other benefits. The transport corporation, meanwhile, filed a petition seeking to quash the SDCL’s order.
In the common order, Justice R.S. Ramanathan said the management had examined one witness, who had been at the spot of the accident, to prove the charge against the driver.
However, in his evidence, he had not refuted the driver’s claim of having lost his balance after his seat gave way. No material was produced by the management in support of their conclusion that the vehicle was driven in a rash and negligent manner, the judge said, allowing the driver’s petition and dismissing the MTC’s plea.
