HC upholds Labour Commissioner order on dismissal of driver

The Madras High Court today upheld an order of the Labour Commissioner who refused to approve the dismissal of a driver responsible for an MTC bus falling off Anna Flyover in the city in June 2012.
The Metropolitan Transport Corporation (MTC) bus was taking a sharp left turn when it crashed into the side wall and fell down on the road from a height of around 20 feet injuring 46 persons in the vehicle on June 26, 2012.
The MTC management dismissed the driver D Prasad after an inquiry in October accusing him of rash and negligent driving.
However, the Special Deputy Commissioner of Labour refused to approve Prasad's dismissal against which the MTC management moved the High Court.

The MTC submitted that nothing was wrong with the bus and the negligence of the driver was the cause of the accident.
Prasad's counsel contented said an unstable driver's seat tied with a nylon rope gave way while driving following which he could not bring the vehicle to a halt despite having applied brakes.

The MTC management had not proved the alleged negligence of the driver with neutral evidence, the counsel contented.
Rejecting the petition filed by the MTC management, Justice P S Ramanathan in his order said it was highly improbable that the driver did not apply brakes and that he had driven the vehicle in a rash manner.

He pointed out that though the motor vehicle inspector certified that the driver's seat was indeed alright and had not given way as claimed by the driver, he was not examined in court.
"Unless he was examined, his report could not be taken as legal evidence, therefore, his finding is perverse and is not based on legal evidence."
Agreeing with the submissions made by the counsel for the driver that an unstable seat was tied with a nylon rope and it gave way due to which driver could not bring the vehicle to a halt despite having applied the brakes, the judge said "had the vehicle been driven in a rash and negligent manner, it would not have turned towards left".