KARNATAKA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS CHIEF LAW OFFICER, KSRTC Vs. CHIKKARAJE URS S/O. GANGARAJE URS

JUDGEMENT

(1.) THE Respondent was a driver in the Petitioner -Corporation. On 18.03.1997, the Respondent was on duty, driving the bus bearing No. MEF -2245 from Marballi Hundi to Mysore. While driving the said bus on that route, on that day, it is alleged that a passenger travelling in the bus on footboard fell down, came under the wheel of the bus, sustained fatal injuries and succumbed on the spot. After receipt of the information about the accident, an Officer was sent for inspection to investigate and submit the report. The Officer having conducted the spot enquiry and drawn spot mahazar with the help of the persons who were present at the spot and the police, submitted the report. On receipt of TR -18 and the connected records, the Petitioner initiated disciplinary proceedings against the Respondent by issuing a show cause notice, since he was a daily wage driver. The explanation submitted by the Respondent having been found to be not convincing, the Petitioner appointed an Inquiry Authority to find out the truth of imputations made against the Respondent. The Inquiry Authority after conducting the enquiry submitted the finding holding the Respondent guilty of the charges levelled against him. The Disciplinary Authority after receiving the inquiry report, upon perusal of the inquiry record, being satisfied that the Respondent has committed the charged misconduct and taking into consideration the gravity of the misconduct committed by the Respondent, passed an order on 23.07.1999 of removal of the name of the Respondent from the list of daily wage drivers and forfeited the right of the Respondent to seek permanent post in the Corporation.

(2.) THE Respondent challenged the said order by raising an industrial dispute before the Labour Court at Mysore. The Petitioner contested the dispute. The legal representatives of the deceased, who incidentally was also a driver of the Petitioner -Corporation filed MVC 279/1997 against the Petitioner. The claim and the counter statement gave rise to the framing of issues. The Labour Court raised 5 issues. The issue with regard to domestic enquiry was held as fair and proper. However, considering the record, the Labour Court has passed the award dated 23.07.1999, whereby and whereunder, it set -aside the order passed by Disciplinary Authority and directed the Petitioner to reinstate the Respondent on the same terms and conditions applicable to him as on the date of dismissal and pay 50% backwages calculated on the basis of last drawn wages. The employer - corporation has challenged the said award in this writ petition.

(3.) SMT . Shwetha Anand, Learned Counsel appearing for the Petitioner, contended that, the Labour Court has committed an error of law and of jurisdiction in passing the award in favour of the Respondent. It was submitted that, the charge levelled against the Respondent having been proved, the name of the Respondent was removed from the list of trainee drivers and his right for permanent employment was forfeited. In the circumstances, it cannot be said that, no such order could have been passed and it was liable to be set -aside. She further submitted that, Labour Court was wrong in exercising the power under Section 11 -A of the Act to direct reinstatement and award 50% backwages. It was, therefore, submitted that, the petition deserves to be allowed by setting aside the award passed by the Labour Court.