BANGALORE METROPOLITAN TRANSPORT CORPORATION CENTRAL OFFICES, SIDDAIAH ROAD, BANGALORE-560027, REP. BY ITS CHIEF LAW OFFICER Vs. MARAPPA S/O CHIKKAMUNIYAPPA

JUDGEMENT

(1.) PETITIONER -Public Road Transport Corporation aggrieved by the award dated 13.5.2010, Annexure -A In I.D.No. 60/2006. of the III Additional Labor Court, Bangalore, insofar as interference with the order of dismissal by modifying the punishment to one of withholding four annual increments with cumulative effect and denying back wages and consequential benefits while continuity of service only for the purpose of retirement benefit and not for any other benefits like increment, promotion etc., has preferred this petition.

(2.) THERE is no dispute that, the respondent, a conductor, having remained unauthorisedly absent from duties for 1334 days, intermittently, from June 1993 to October, 2004 was visited with minor punishments on 19 occasions. Thereafter too the respondent again remained unauthorisedly absent from 2.5.2005 to 24.8.2006 for one year and three months without prior permission or sanction of leave. Disciplinary proceeding when initiated, was followed by a domestic enquiry and a report holding the charge proved leading to the order dated 24.8.2006 dismissing the respondent from service. That order when called in question before the labor Court invoking Section 10(4 -A) of the Industrial Disputes Act, 1947. the labor Court framed an issue over the validity of the domestic enquiry and answered the same in the negative holding that it was not fair and proper. Parties having let in evidence both oral and documentary, the labor Court recorded a finding that the respondent had remained unauthorisedly absent for one year and three months and that his past record of service for a period of 17 years disclosed unauthorised absence on 19 occasions, whence he was visited with minor punishments and therefore exercised discretion under Section 11 -A, to interfere with the order of dismissal by imposing a lesser punishment.

(3.) IT is useful to refer to the observations in the following reported opinions: