KARNATAKA STATE ROAD TRANSPORT CORPORATION, ITS DIVISIONAL CONTROLLER REPRESENTED BY ITS CHIEF LAW OFFICER Vs. R. CHANDRACHARI S/O. RAMACHARI

JUDGEMENT

(1.) IN this writ petition the Petitioner has prayed for a writ in the nature of certiorari to quash the award doted 29.1.2010 in I.D.458/2006 passed by the I Addl. Labour Court, Bangalore directing reinstatement of Respondent with continuity of service and 50% back wages.

(2.) RESPONDENT was a driver cum conductor in the Petitioner -Corporation. Subsequently, the Petitioner came to know that the Respondent was elected member of Malur Gram Panchayat and by suppressing the same, secured employment in the Petitioner's corporation. For this misconduct, Articles of charges were issued, enquiry was held and an order of penalty removing the Respondent from service came to be passed on 03.11.2004. Aggrieved by this order of penalty the Respondent raised a dispute before the Labour Court by way of reference under Section 10(1)(c) of the I.D. Act. On the basis of the pleadings, the Labour Court framed the following three points for its consideration:

(3.) LEARNED Counsel for the Respondent submits that they will not press for back wages in the event Petitioner reinstating the Respondent. The submission of the learned Counsel for the Respondent is placed on record. To this extent the impugned award requires to be quashed in so far as it relates to grant of 50% back wages. For the reasons stated above, the following: