A. SRINIVAS S/O. SRI LATE ARASAPPA Vs. THE MANAGEMENT OF BMTC CENTRAL OFFICE, K.H. ROAD, SHANTINAGAR, BANGALORE-560027 REPRESENTED BY ITS CHIEF TRAFFIC MANAGER

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the award dated 10.11.2010 in I.D. No. 63/2009 passed by the Labour Court at Bangalore.

(2.) PETITIONER is a Driver cum Conductor in the respondent Corporation. On 18.6.2006, the petitioner was in drunken state during working hours while he was on duty. For this misconduct, articles of charges were issued, enquiry was held and he was dismissed from service on 12.11.2008. Aggrieved by this order of dismissal, the petitioner raised a dispute before the Labour Court under Section 10(4 -A) of the I.D. Act. On the basis of pleadings, the Labour Court framed the following issues: i) Whether the IInd party proves that the DE is fair and proper? ii) Whether the enquiry Officer is justified in holding that the misconduct is proved? iii) Whether the disciplinary authority is justified in dismissing the Ist party from service? iv) To what award or order the parties entitled?

(3.) PAYMENT of backwages is not a matter of right. From the date of dismissal till the date of impugned award, petitioner has not worked in the respondent's establishment and absolutely there is no contribution by him. The charge levelled against the petitioner is proved. In the circumstances, the Labour Court denied the backwages and consequential benefits. I find no justifiable ground to interfere with the same. Accordingly, the writ petition is hereby dismissed without reference to respondent.