KASHIRAM AND ANR. Vs. KARNATAKA STATE ROAD TRANSPORT CORPORATION (NOW NEKRTC), REP. BY THE MD, CENTRAL OFFICES AND ORS.

JUDGEMENT

(1.) These two appeals arise from the common order dated 25.7.2001 in W.P. No. 3994/2000 and 12100/2000. As the ranks of parties differ, we will refer to the appellant in W.A.No. 5762/2001 and respondent in W.A.No. 7376/2001 as the 'workman' or the 'driver'; and the respondent in W.A. No. 5762/2001 and appellant in W.A.No. 7376/2001 as the 'Corporation'.

(2.) The Corporation issued a charge memo dated 2.4.1990alleging that on account of the rash and negligent driving by the workman of bus bearing No. MEF 1788 on the Hyderabad Gulbarga Road on 10.3.1990, an accident occurred resulting in the death of a pedestrian. The workman filed detailed statement of objections dated 16.4.1990 denying the charge. An enquiry was held by an independent Enquiry Officer (a retired District Judge). The Traffic Inspector who visited the accident spot long after the accident was examined as M.W. 1 and M -1 to M -5 were marked. On the basis of the evidence, the Enquiry Officer submitted a Report dated 26.3.1998 holding that the Charge of negligence against the workman was not proved.

(3.) A copy of the Enquiry Report was furnished by the Disciplinary Authority to the workman under cover of letter dated 1.4.1998 proposing to disagree with the findings of the Enquiry Officer. The workman again filed a detailed statement dated 6.4.1998 requesting that the proceedings be dropped. The Disciplinary Authority, however, disagreed with the finding of the Enquiry Officer and by Order dated 13.4.1998, held the workman guilty of the charge and imposed the punishment of dismissal from service. Feeling aggrieved, the workman approached the Labour Court, Gulbarga, by filing a petition under Sec. 10(4 -A) of the Industrial Disputes Act, 1947 in KID No. 144/1998.