KARNATAKA STATE ROAD TRANSPORT Vs. BASAVARAJ

JUDGEMENT

(1.) THE respondent was working as a conductor under the petitioner-corporation. while he was on duty, the bus bearing regn. No. Myf 9411 was checked on 27-4-1987 which revealed that he had failed to issue tickets to two passengers travelling from koralli to nagarahalli despite collecting fare of re. 0. 75 from each of them. He also failed to issue tickets to 15 passengers travelling from stage 14 to 16 having collected the fare of Rs. 1. 50 from each of them from the place of boarding itself. he had not closed the way bill against the stage 15. In view of this report, the departmental enquiry was held and charges were framed against him on 13-5-1987. In the departmental enquiry, it was found that the charges were proved and accordingly, he was dismissed from service w. e. f. 17-8-1988. He raised an industrial dispute in i. d. No. 48 of 1992 and the 2nd respondent held by its order dated 31-8-1996 accepting the reference and the dismissal order dated 17-8-1988 passed by the petitioner was set aside. The petitioner was directed to reinstate the 1st respondent into service with full back wages from 6-5-1992 with continuity of service and other consequential benefits. As against that Order, the petitioner-corporation filed this writ petition.

(2.) HEARD the learned counsel for the petitioner Sri p. r. ramesh, sri p. k. navadgi for the 1st respondent and Sri g. b. chandregowda, high court government pleader for the 2nd respondent.

(3.) AT the very outset the learned counsel for the petitioner submitted that the reference was made belatedly and no explanation is forthcoming as to why there was inordinate delay in referring the matter to the labour court. That itself is a ground for this court to interfere under articles 226 and 227 of the constitution.