LAWS(KAR)-2012-10-109

HOLEYAPPA Vs. DIVISIONAL CONTROLLER NWKRTCBAGALKOT DIVISION

Decided On October 04, 2012
HOLEYAPPA Appellant
V/S
Divisional Controller Nwkrtcbagalkot Division Respondents

JUDGEMENT

(1.) THE petitioner who was working as a Junior Assistant in the services of the respondent was dismissed from service, on 6.2.2008 on the ground that he had stolen a sum of ?5,98,869=50. Aggrieved by the dismissal order, the petitioner filed the petition invoking Section 10(4 -A) of the Industrial Disputes Act, 1947. The Labour Court, Bijapur, by its award, dated 23.4.2010 dismissed the petition.

(2.) HEARD the learned Advocates appearing for the parties.

(3.) IT is not in dispute that in the instant case the industrial dispute over the charter of demands in K.I.D.No.14/2008 is pending consideration before the jurisdictional Labour Court. No doubt, the dispute is raised by the KSRTC Staff and Workers' Federation, but the adjudication of the said dispute involves the interests of the workmen. Therefore this Court, following the Apex Court's decision in Jaipur Zila Bhoomi Vikas Bank Limited case (supra) has by its orders, dated 7.3.2012 in W.P.No.6136/ 2012 and dated 26.6.2012 in W.P.No.65378/2011 and other connected petitions have been consistently holding that the dismissal orders are nonest.