BANGALORE METROPOLITAN TRANSPORT CORPORATION, K.H. ROAD, BANGALORE BY ITS CHIEF TRAFFIC MANAGER REP BY ITS CHIEF LAW OFFICER Vs. SHRI V. RAMACHANDRA

JUDGEMENT

(1.) IN the earlier round of litigation between the parties, the adjudication over the industrial dispute relating to termination of service of the respondent -coductor -cum -driver in the petitioner -road transport corporation, resulted in quashing of the award and remitting the proceeding to the labour Court to reconsider the matter in the light of the observations made in W.A. 301/2009, dated 21.10.2009, Annexure - E.

(2.) ON remand, the First Additional Labour Court by award dated 19.02.2010 in I.D. No. 12/ 2006, old no.61/2004, set -aside the order of dismissal and directed reinstatement with continuity of service without backwages, however, imposed the punishment of with holding three annual increments with cumulative effect by modifying the order of dismissel Hence, this petition by the Rood Transport Corporation.

(3.) THE Labour Court though held the misconduct proved, nevertheless, invoked its discretion under Section - 11A of Industrial Disputes Act, 1947 to interfere with the punishment of dismissal. In other words, the Labour Court did not comply with the direction issued by the Division Bench to reconsider the contents of the Exhibit - M7, while recording its findings over perversity of findings of the Enquiry Officer.