KARNATAKA STATE ROAD Vs. SAJAUDDIN DELVI

JUDGEMENT

(1.) In the instant petition, petitioner has prayed for the following reliefs:-

(2.) Respondent-Driver caused accident on 4/2/2010 while he was driving bus bearing No. KA 13 F-1396 on Dharmasthala-Mangaluru route near Belthangady which has resulted in two deaths. Arising out of the aforesaid allegations, petitioner-management issued charge memo on 23/4/2010. Enquiry Officer submitted report on 24/1/2011 holding that charge levelled against the petitioner was proved. On receipt of Enquiry Officer's report, disciplinary authority proceeded to impose penalty of recovery of Rs.996.00 in two instalments to be deducted and ordered to with hold two annual increments with cumulative effect and treated the suspension period as suspension only. Respondent filed a claim petition which is numbered as Reference No.227/2012 on the file of the Industrial Tribunal, Mysuru. The award was passed in favour of the respondent while allowing the reference and set aside the punishment order dtd. 25/3/2011. Thus, petitioner-management feeling aggrieved by the award dtd. 3/2/2016 passed in Reference No.227/2012, presented this petition.

(3.) Learned counsel for the petitioner-management vehemently contended that even though Ex.M.1 to M.31 were placed on record, not even a single document has been referred and discussed in respect of two documents, Ex.M.3 and M.7 read with Ex.M.19. In other words, there is no analysis of documents and examination of witness. It is also submitted that though the Industrial Tribunal proceeded to hold that domestic enquiry initiated and concluded is proper at the same time there is no discussion in respect of documents marked on behalf of the petitioner-management. Therefore, the Industrial Tribunal has committed error in passing award in favour of respondent-driver.