DIVISIONAL CONTROLLER KSRTC NWKRTC Vs. A T MANE

JUDGEMENT

(1.) The appellant by way of special leave petition is challenging the judgment of the High Court of Karnataka whereby the High Court dismissed the writ appeal filed by the appellant-Corporation confirming the judgment of the learned single Judge as well as the award of the Additional Labour Court, Hubli whereby the appellant-Corporation was directed to reinstate the respondent in service with full back wages and continuity of service and other consequential benefits. Brief facts necessary for the disposal of the case are as follows:-

(2.) Being aggrieved by the said order, respondent preferred a claim before the Additional Labour Court, Hubli praying for setting aside the order of dismissal and for reinstatement with consequential benefits. The Labour Court after hearing the parties concerned came to the conclusion that the inquiry conducted by the Management was fair and proper. However, it came to the conclusion that the only charge against the respondent was being in possession of Rs. 93/- which was in excess of the sale of tickets, no presumption could be drawn that it was an amount received by non-issuance of tickets to passengers. It held that the Corporation ought to have examined the passengers from whom such amount was collected without issuing tickets or issuing tickets of lesser denomination. Since, the same was not done, the Labour Court came to the conclusion that the order of dismissal was uncalled for and as also highly disproportionate compared with the smallness of the amount. Hence, it made the award directing the reinstatement of the respondent with full back-wages and continuity of service and other consequential benefits.

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