KARNATAKA STATE ROAD TRANSPORT Vs. B B TABUSI

JUDGEMENT

(1.) THE respondent in the writ appeal employed as a casual labour in the year 1982 in dharwad depot at ksrtc said to have been terminated from service on 8-6-1987 without any show-cause notice or enquiry and without payment of any retrenchment compensation. Being aggrieved sought the reference of the dispute. Accordingly, the dispute was referred to industrial tribunal, hubli. The appellant strenuously opposed the claim on the ground that the respondent was never in the employment in ksrtc at anytime. Further contended that the ksrtc is a statutory organisation for recruitment and appointment, there are statutory rules, wherein the selection and appointment to the establishment of ksrtc can be made only by inviting applications from general public and conducting tests and interviews. The appointment of persons on casual basis is said to be not permitted in law. Further contends that the payment of retrenchment compensation does not arise.

(2.) THE industrial tribunal, hubli (hereinafter called in brief 'tribunal') allowed the reference directing reinstatement of the claimant without back wages with continuity of service. The appellant being aggrieved, herein filed the writ petition challenging the order of the tribunal. The learned single judge upheld the order of the tribunal, confirmed the order of reinstatement. Being aggrieved by the said order the present writ appeal is filed.

(3.) THE tribunal while accepting the case of the petitioner and granting relief of reinstatement has placed heavy reliance on the documentary evidence exs. W. 1 to 3 attendance cards. Ex. W. 4 a certificate dated 23-6-1984 issued by the depot manager, dharwad certifying that the respondent is working as a daily wager in the dharwad depot and he is suitable for appointment to the post of helper 'b' grade and he would discharge his duties sincerely if appointed. Besides that the trial court has relied on the statement made in the written statement filed on behalf of ksrtc by the divisional controller, hubli division, where a statement is made in the following manner. "the claimant might have worked in the dharwad depot as casual worker to wash the vehicle for 0. 50 paise each bus. He cannot have any right to the post in the establishment of the corporation". apart from the aforesaid documentary material produced ex. W. 5 is produced which is a receipt issued by the ksrtc trade union, acknowledging the receipt of subscription. Ex. W. 6 is the photostat copy of the esi card.