BANGALORE METROPOLITAN TRANSPORT CORPORATION Vs. BMTC

JUDGEMENT

(1.) Challenge in this writ petition is to the legality of an Award passed by the Industrial Tribunal, Bangalore, accepting the Reference in part and reducing the punishment. Aggrieved, the employer-Corporation has filed this writ petition.

(2.) Background facts culled out from the record are as follows:

(3.) Smt. H.R. Renuka, learned Counsel appearing for the Petitioner by placing reliance on an order dated 3.3.05 passed in W.P. 15726/2001 (L-KSRTC) in the case of The Managing Director, Ksrtc, Bangalore v. J.B. Mahalingappa, Kolar, contended that, the Labour Court has no jurisdiction to exercise power under Section 11A of the Act in a case like the one on hand. Learned Counsel further contended that, Section 11A could be invoked only in case of penalty imposed being a discharge or dismissal of the workman and not in a case where the punishment imposed for the proved misconduct being one, to withhold the increments with cumulative effect.