K. KUMAR S/O T. KOLAN DESWAMY Vs. THE CHIEF TRAFFIC MANAGER B.M.T.C., CHIEF TRAFFIC MANAGER, K.H. ROAD, BANGALORE-360027

JUDGEMENT

(1.) THOUGH these petitions are listed for preliminary hearing, with the consent of learned counsel for the parties, petitions are clubbed together, finally heard and ore disposed of by this order.

(2.) THESE writ petitions are filed by the workman and the employer -Road Transport Corporation, calling in question the very same award dated 31.3.2011, in Reference No. 19/2010, of the III Additional Labour Court, Bangalore, While the workman is aggrieved by the award denying three yearly increments with cumulative effect, the Road Transport Corporation, on the other hand, is aggrieved by the award insofar as it (sic) to a finding that the order of dismissal is non -est, in the light of the decision of the Apex Court in Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. Vs. Ram Gopal Sharma and Others, AIR 2002 SC 643 .

(3.) THE labour Court having allowed the reference, nevertheless, fell in error in modifying the order by imposing a lesser punishment denying the workman three yearly increments with cumulative effect, hence calls for interference.