RUDRAGOUDA Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) This Writ petition is directed against the award in KID No. 158/2011 dated 14.3.2012 passed by the Presiding Officer, Labour Court, Gulbarga. The petitioner had been working with the respondent Corporation as a Conductor. Disciplinary proceedings was initiated against him and it was alleged that he had not issued tickets to two passengers despite collection of the fare. After holding an enquiry, the Corporation dismissed him from service on 27.5.2011. The petitioner challenged the said order by filing a claim petition before the Labour Court in KID No. 158/2011. The Labour Court has dismissed the said petition by its order at Annexure-D dated 14.3.2012.

(2.) I have heard the learned Counsel for the parties.

(3.) It is not in dispute that an industrial dispute relating to charter of demands in I.D. No. 148/2005 in which the workman is concerned is pending before the Industrial Tribunal at Bangalore. The workman was dismissed from service during the pendency of the said dispute. It is also not in dispute that the Corporation has not complied with the statutory requirements contained in the proviso to Section 33(2)(b) of Industrial Disputes Apt, 1947 (for short 'the Act') before, passing, the order of dismissal.