SIDDAGANGAIAH Vs. MANAGEMENT OF KARNATAKA STATE ROAD TRANSPORT CORPORATION BANGALORE CENTRAL DIVISION BANGALORE

JUDGEMENT

(1.) The petitioner, a driver in the respondent-Public Road Transport Corporation having remained absent from duties with effect from 25.1.1995 without prior permission or sanction of leave, was issued with an Articles of charge dated 4.1.1996 which when acknowledged was not responded by a reply. Hence, the Disciplinary Authority, being of the view that there were grounds to inquire into the material allegation, appointed an Enquiry Officer, who held a domestic enquiry and submitted a report holding the charge proved. On an independent assessment of the facts and circumstances of the case, the Disciplinary Authority concurred with the findings of the Enquiry Officer and terminated the services of the petitioner by order dated 20.3.1997.

(2.) The petitioner initiated conciliation proceedings under the Industrial Disputes Act, 1947 (for short "ID Act"), which, when ended in a failure report, was followed by an order dated 12.6.1998 of the State Government referring the points of dispute for adjudication before the Presiding Officer, III Additional Labour Court, whence it was registered as Reference No.88 of 1998. In the said proceeding, the petitioner filed a claim statement which was resisted by filing counter-statement of the respondent, arraigned as the second party. In the premise of pleadings of the parties, the Labour Court framed two additional issues, one of which relating to the validity of the domestic enquiry. THE parties entered trial and the Labour Court, by order dated 3.1.2005 answered the issue in the negative. In other words, held the domestic enquiry not fair and proper and permitted the parties to adduce additional evidence.

(3.) Per contra, Sri. R.I. D"sa learned Counsel for the respondent-Corporation seeks to sustain the award of the Labour Court as being well-merited, fully justified and not calling for interference.