AMEER JAN S/O BABU JAN SINCE DECEASED BY HIS L.RS., SMT PARVEEN TAJ W/O LATE AMEER JAN Vs. THE CHIEF TRAFFIC MANAGER BANGALORE METROPOLITIAN TRANSPORT CORPORATION DIVISION, CENTRAL OFFENCE, SHANTHINAGAR, BANGALORE-560 027 REPRESENTED BY ITS CHIE

JUDGEMENT

(1.) SINCE , common question of law and that of fact arise for decision making, hence with the consent of the learned Counsel for the parties, petitions are clubbed together, finally heard and are disposed of by thia order.

(2.) W .P. No. 22506/2010 is by the employer Road Transport Corporation, while W.P. No. 8707/2011 is by the workman calling in question the award dated 12.12.2009, in I.D. No. 114/2006 (Old No. 47/2004], of the 1st Additional Labour Court, Bangalore. The employer has challenged the award directing reinstatement with continuity of service while the legal heirs of the workman have called in question the sward insofar as it relates to denying back wages and withholding three annual increments with cumulative effect.

(3.) THE examination of the award impugned does not (sic) recording a finding or conclusion over the misconduct of unauthorised absence of the driver, for which, disciplinary proceeding was (sic) an articles of charge a domestic enquiry was held, loading to the order of dismissal from service. In the absence of recording a finding on the charge, she labour Court was not justified in allowing the reference by interfering with the punishment of dismissal so as to modified the same to one of a lesser punishment in exercise of extraordinary discretion under Section 11 -A of the Industrial Disputes Act, 1947.