NINGAPPA Vs. DIVISIONAL CONTROLLER NEKRTC

JUDGEMENT

(1.) THIS writ petition is directed against the award in KID No.19/2012 dated 30.7.2012 passed by the Presiding Officer, Labour Court, Gulbarga.

(2.) THE petitioner had been working with the respondent Corporation as a Conductor. Disciplinary proceedings was initiated against him and it was alleged that he failed to issue ticket to a passenger despite collecting the fare amount. After holding an enquiry, the Corporation dismissed him from service on 17.10.2011. The petitioner challenged the said order by filing a claim petition before the Labour Court in KID No.19/2012. The Labour Court has dismissed the said petition by its order at Annexure-D dated 30.7.2012.

(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 Act, 1947 (for short 'the Act') before passing the order of dismissal.