S. KUMAR Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) In the instant petition petitioner has assailed the award dtd. 31/1/2019 passed by the Industrial Tribunal, Mysuru in Reference No.34/2018 at Annexure-A.

(2.) Petitioner while working as a driver in the respondent-Corporation, remained unauthorised absent from 16/5/2006 to 7/6/2006, for which, he was subjected to disciplinary proceedings in framing article of charges and it was concluded in imposition of penalty of withholding of two annual increments for a period of two years without cumulative effect and unauthorised absence period has been treated as absence vide order dtd. 18/8/2006. The petitioner raised an Industrial Dispute only in the year 2018.

(3.) One of the point for consideration is delay in questioning the validity of penalty order dtd. 18/8/2006. Industrial Tribunal after perusal of the records proceeds to dismiss the petitioner's claim on the score that there is a delay of 10 years in raising the dispute. The petitioner's contention is that imposition of penalty is without holding enquiry. The contention of delay as well as in not holding enquiry have been considered by the labour Court with reference to the decisions of the Apex Court as well as of this Court as is evident from para Nos.14 to 17. In view of the above facts and circumstances and the fact that there is a lapse on the part of the petitioner in not raising Industrial Dispute within a reasonable period of three years from the date of penalty order, Apex Court in the case of Prabhakar Vs. Joint Director Sericulture Department and another reported in AIR 2016 SC 2984 held as under: