SIDDAPPA Vs. MANAGEMENT OF NWKRTC

JUDGEMENT

(1.) This intra-Court appeal is filed by the workman in KID No .10/2005 on the file of the Addl. Labour Court, Hubli, denying backwages in the departmental enquiry initiated by the management and same was confirmed by the learned Single Judge in W.P.No.65795/2010 c/w Writ Petition 63688/2010 by order dated 07 .03.2017.

(2.) The workman was charge-sheeted alleging that, on 22.05 .1998 on the allegation that, he drove the bus bearing registration No .KA-01/F-821 and dashed to tempo bearing registration No.KA-22/A-5525, resulting in death of three persons. The respondent-management has initiated departmental enquiry against the workman and the enquiry o fficer found that the charges levelled against the workman were proved and accordingly, submitted the report to the disciplinary authority-management for further action. The management, having considered the enquiry report, by its order dated 9 .05.2005 dismissed the workman-appellant herein. Being aggrieved by the order o f dismissal by the Management, the workman filed petition in KID No.10/2005 be fore the Labour Court under Section 10(4-A) of the Industrial Disputes Act.

(3.) Perusal of the Writ Appeal papers would substantiate that fair opportunity was provided to the workman and he had adduced evidence as WW1. The Labour Court, after considering the material on record, by its order dated 30.09.2009 , set aside the order of dismissal dated 9.05.2005 , and directed the management to reinstate the workman with continuity o f service with other benefits, however , denied backwages. Being aggrieved by the order dated 30.09.2009 passed by the Labour Court, the workman filed Writ Petition No.65795/2010 challenging, denial o f backwages; and Management has filed Writ Petition No .63688/2010 questioning the order of reinstatement. The learned Single Judge , a fter considering the material on record, by order dated 07 .03.2017, dismissed both the petitions and being aggrieved by the same, the workman has presented this writ appeal.