PRABHULINGAPPA H M Vs. DIVISIONAL CONTROLLER KSRTC

JUDGEMENT

(1.) WP No. 10292/2010 is filed by the workman while WP No. 7755/2010 by the Road Transport Corporation -employer calling in question the award dated 31.10.2009 in Reference No. 14/2006 of the III Addl. Labour Court, Bangalore. The challenge to the award by the workman is in so far as denying backwages, continuity of service for promotion and increments, consequential benefits, increments, promotions and withholding four annual increments with cumulative effect, by modifying the order terminating his services from the Corporation. The Road Transport Corporation has challenged the very same award in so far as exercise of discretion under Section 11-A of the Industrial Disputes Act, 1947, for short Act, to modify the order of termination to one of reinstatement with certain benefits.

(2.) The workman when appointed as a Driver in the Public Road Transport Corporation produced a Transfer Certificate, certifying to have passed 7th standard from Government Higher Primary School, Mangasandra, which, on verification revealed was fabricated. The workman having made a false representation, disciplinary proceeding was initiated, by issuing an Articles of charge, followed by appointing an Inquiring Authority, who extended reasonable opportunity of hearing to the workman and submitted a report dated 18.12.2008, holding the charge proved. The Disciplinary Authority by order dated 2.9.2003 dismissed the workman from service, which led to conciliation proceeding and an order dated 21.1.2006 of the State Government referring the industrial dispute for adjudication before the III Addl. Labour Court, Bangalore, under the Industrial Disputes Act, 1947 (for short 'Act'), registered as Ref. No 14/06. In the premise of pleadings of parties, the Labour Court framed an additional issue over the validity of the domestic enquiry. Parties, entered trial, whence the Road Transport Corporation examined the Inquiring Authority as MW-1 and marked 22 documents as Exs.M-1 to M-22 while the workman was examined as WW-1 and no documents were marked. The Labour Court passed an order answering the additional issue in the affirmative holding the domestic enquiry as fair and proper. Thereafterwards, the workman was further examined, on allegation of victimization, whence 10 documents were marked as Exs.W-1 to W-10.

(3.) Labour Court, having regard to the material on record and the evidence both oral and documentary marshaled in the domestic enquiry, observed that the oral testimony of the Head Master of the Primary School, Mangasandra coupled with the entries in the original admission register, not disclosing the name of the workman, was credible evidence. The defence of the workman that the Head Master examined had not issued the transfer certificate in the year 1985, was held to be inconsequential in view of the original admission register produced by the Head Master which did not disclose the name of the workman as having been admitted to the school. Labour Court, having recorded a finding that the misconduct was proved, nevertheless, on an assumption that no minimum qualification was required for the post of Driver and that the transfer certificate was only to ascertain the date of birth of the workman coupled with the fact that in similar instances, the Road Transport Corporation took a lenient view, to hold that the punishment of dismissal was grossly disproportionate to the misconduct proved and invoked the extra-ordinary jurisdiction under Section 11-A of the Act, to modify the punishment of dismissal to reinstatement by withholding four increments with cumulative effect as a measure of punishment, by the award impugned.