LAWS(KAR)-2011-3-227

T.G. VEERAPPA, SON OF SRI T.P. GANAPATHI Vs. THE MANAGEMENT OF DYNAMIC HYDRAULICS LTD. REPRESENTED BY ITS GENERAL MANAGER

Decided On March 01, 2011
T.G. Veerappa, Son Of Sri T.P. Ganapathi Appellant
V/S
Management Of Dynamic Hydraulics Ltd. Represented By Its General Manager Respondents

JUDGEMENT

(1.) PETITIONER was a driver in the Respondent -establishment. Alleging commission of misconduct, articles of charge dated 5.10.1987 was issued to the Petitioner, to which he submitted a reply. Dissatisfied with the reply, a domestic enquiry was ordered, which having been held, upon receipt of the report from the enquiry officer to the effect that the charges levelled in the charge sheet dated 5.10.1987 have been proved, the Petitioner was dismissed from service on 15.7.1988. The Petitioner questioned the order of dismissal and a reference having been made to the Labour Court, the reference has been allowed in part directing the Respondent to pay the Petitioner the amount paid to other workmen. Feeling aggrieved, the workman has filed this writ petition.

(2.) SRI V.S. Naik, learned Counsel appearing for the Petitioner after arguing the matter for some time submitted that the Respondent management has paid lumpsum amount as compensation to the other workmen, who were alleged of commission of a similar misconduct: and hence, the Respondent management may be directed to pay to the Petitioner the compensation amount accordingly,

(3.) KEEPING in view the facts and circumstances of the case, in my opinion, it would meet the ends of justice, if the Respondent is directed to pay to the Petitioner a sum of Rs. 50,000/ - with interest at 8% p.a. from 1.12.1993 till the date of payment. The Respondent shall make the payment to the Petitioner within a period of one month from today.