C NAGARAJ S/O CHANNABASAPPA Vs. THE MANAGEMENT OF K.S.R.T.C., DAVANAGERE DIVISION DAVANAGERE REPRESENTED BY ITS DIVISIONAL CONTROLLER

JUDGEMENT

(1.) THIS writ petition, petitioner has prayed for a writ in the nature of certiorari to quash the award dated 18.8.2008 in K.I.D. No. 17/2005 passed by the Labour Court at Hubli.

(2.) WRIT petitioner was a Conductor in the respondent -Corporation. On 30.1.2002. when the petitioner was conducting the bus on the route from Davanagere to Kundgol, the checking squad of the Corporation conducted a check and found that the petitioner has not collected fair of Rs. 3/ - from each of the sixteen passengers and had not issued the tickets. For this misconduct of pilferage of revenue, article of charges were issued, enquiry was held and on 3.8.2004 the petitioner was dismissed from service. Aggrieved by this order of dismissal, the petitioner raised a dispute before the Labour Court under section 10(4A) of the Industrial Disputes Act, 1947 [for short 'ID Act'] and on the basis of the pleadings, the Labour Court framed the following points for its consideration. 1. Whether the enquiry held against the First party is fair and proper? 2. Whether the respondent - management is justified in dismissing the petitioner -claimant from service by its order dated 3.8.2004?

(3.) I heard the arguments on both the side and perused entire writ petition papers.