DIVISIONAL CONTROLLER, NEKRTC, RAICHUR DIVISION THROUGH ITS MANAGING DIRECTOR BY ITS CHIEF LAW OFFICER Vs. SUGAPPA

JUDGEMENT

(1.) THIS writ petition is directed against the award in KID No. 165/2009 dated 11.11.2010 passed by the Presiding Officer, Labour Court, Gulbarga. The respondent had been working with the petitioner Corporation as a Conductor. Disciplinary proceedings was initiated against him and it was alleged that he had neither issued tickets nor collected fare from three passengers. After holding an enquiry, the Corporation dismissed him from service on 30.6.2009. The respondent challenged the said order by filing a claim petition before the Labour Court in KID No. 165/2009. The Labour Court by its order at Annexure -B dated 11.11.2010 has set aside the order of dismissal of the Corporation and directed the Corporation to reinstate the workman into service by withholding one future annual increment, without any back wages.

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

(3.) IN North West Karnataka Road Transport Corporation v. Sadashiv (W.P. No. 63003/2011 disposed of on 7.8.2012), this Court has considered an identical matter. Relying on the decision of the Constitution Bench of the Apex Court in AIR 2002 SC 643 and the decision of this Court in Sanjay and Others v. The Management of NWKRTC in W.P. No. 65378/2011 and other connected matters disposed of on 26.6.2012, it was held that the termination of the workman from service without compliance of the statutory requirements contained in the proviso to Section 33(2)(b) of the Act is void and inoperative.