D.R. RANGANATH, SON OF SRI RAMACHANDRA MURTHY Vs. SEVAKSHETRA HOSPITAL (SPONSORED BY CANARA BANK RELIEF AND WELFARE SOCIETY) REPRESENTED BY ITS HON. SECRETARY SRI P. ARAVINDA RAO

JUDGEMENT

(1.) WP 27240/2005 is by the workman and WP 24687/2005 is by the Management, questioning an award dated 14.06.2005 passed in I.D 18/1998 by the III Addl. Labour Court, Bangalore, which has set -aside an order dated 08.01.1998 passed by the Management imposing punishment of compulsory retirement on the workman and directed the reinstatement of the workman with continuity of service and 50% backwages, also imposing punishment of stoppage of two increments with cumulative effect on the workman.

(2.) BRIEF facts, which are required to be noticed to decide these two writ petitions are the following: D.R. Ranganath/workman was appointed as a laboratory technician on 03.10.1989 by the Management of Sevakshetra Hospital, Bangalore -70. Noticing that the workman has indulged in certain grave acts of misconduct while on duty, the Management issued a charge memo dated 17.07.1997, to which the workman submitted his explanation, which having been found to be not acceptable, a domestic enquiry was ordered. The Enquiry Officer after conducting the enquiry, submitted the findings on 07.10.1997, in which it was held that, the workman was guilty of major misconduct within the meaning of Chapter 35 Clause (b) (XIX) and Chapter 35 Clause XIV of Sevakshetra Hospital, The Enquiry Officer held that, the workman is not guilty of actually conducting HBsAg/HIV tests and exonerated the workman. Copy of the said report was sent by the Management to the workman along with a notice dated 18.10.1997, to which the workman submitted his explanation on 24.10.1997. Differing with the findings of the Enquiry Officer insofar as the charge, which he had exonerated the workman, the Disciplinary Authority passed an order dated 05.11.1997, dismissing the workman from service. The workman filed an appeal before the Executive Committee on 13.11.1997. The Appellate Authority modified the punishment of dismissal to one of compulsory retirement by its order dated 08.01.1998.

(3.) THE workman has filed the writ petition questioning the imposition of punishment of stoppage of two increments with cumulative effect and denial of full backwages. The Management has questioned the award and has sought dismissal of the claim petition and restoration of order passed by the Executive Committee/Appellate Authority on 08.01.1998, imposing the punishment of compulsory retirement on the workman.