DIVISIONAL CONTROLLER Vs. LADLE SAB

JUDGEMENT

(1.) In this writ petition, the petitioner-Corporation is challenging the legality and the correctness of the award dated 21.02.2012 passed by the Presiding Officer, Labour Court, Bijapur directing re-instatement of the respondent-employee into service with backwages and other consequential benefits. Petitioner is the State Road Transport Corporation. The respondent being an employee of the petitioner-Corporation was working as a conductor in the bus bearing registration No. F-869 on the route Panaji to Basavana Bagewadi. It was alleged against the respondent that on 05.07.2010, when the Checking Squad checked the bus, it was found that the respondent-conductor had failed to collect Rs. 119/- from a child passenger and had not issued ticket to the said passenger. It was also alleged that during the course of inspection, the respondent refused to sign the offence memo and did not co-operate with the Checking Squad.

(2.) Based on the report submitted by the Checking Squad, the Disciplinary Authority framed charges against the respondent with regard to the misconduct as alleged herein above. An enquiry was held and the Enquiry Officer found that the first charge regarding non-collection of fare from the child passenger had not been proved, inasmuch as the child passenger being below five years, the conductor was not required to collect the fare from the child. As regards the other charge pertaining to non-co-operation of the conductor with the Checking Squad and his misbehavior with them, the Enquiry Officer found that the said charge had been proved.

(3.) The Disciplinary Authority accepted the report of the Enquiry Officer and imposed the extreme penalty of dismissal of the employee from service vide his Order dated 05.09.2011. Aggrieved by this order, the respondent-employee raised an industrial dispute before the Labour Court, Bijapur in KID No. 64/2011.