SUVARNA AND ORS. Vs. THE NWKRTC

JUDGEMENT

(1.) Petitioners are the legal representatives of one Gurubasayya Charantimath who was an employee of the Respondent/North West Karnataka Road Transport Corporation (hereinafter referred to as 'the Corporation' for short). Petitioners being aggrieved by the endorsement dated 12.03.2018 bearing No.WaKaRaSa/BeVi/Sibandi/ Nemaka/515 vide Annexure-G and seeking for a direction to the respondent to consider the representation dated 08.07.2017 for appointment on compassionate grounds are before this Court under Article 226 of the Constitution of India.

(2.) The brief facts of the case leading to the filing of the present petition are that, the deceased employee Sri.Gurubasayya Charantimath who was working as a driver in the respondent/Corporation was dismissed from services of the respondent/Corporation by order dated 13.12.2012. The said order of dismissal was challenged before the Labour Court in KID No.47/2013. During the pendency of the case before the Labour Court, the said employee Gurubasayya Charantimath died on 16.02.2013. Subsequently, the petitioners/legal representatives of the said employee prosecuted the case and the Labour Court by award dated 07.10.2015 set aside the order of dismissal of Gurubasayya Charantimath and further held that the legal representatives would be entitled to receive monetary terminal benefits. Thereafter, the petitioners made representations dated 06.01.2016 and 02.06.2016 seeking implementation of the award as well as seeking appointment on compassionate grounds. The respondent/ Corporation by an endorsement dated 01.07.2016 rejected the petitioners' claim for appointment on compassionate grounds. Aggrieved by the said rejection order, the petitioners approached this Court in W.P.No.103804/2017. This Court, by order dated 22.06.2017 allowed the writ petition and set aside the endorsement dated 01.07.2016, directing the respondent/Corporation to consider the representation dated 02.06.2016, within a period of two months. The respondent/Corporation again by its endorsement dated 12.03.2018 rejected the claim of the petitioners for compassionate appointment. Challenging the said endorsement, the petitioners are before this Court in this writ petition.

(3.) Heard the learned counsel for the petitioners and learned counsel for the respondent/Corporation.