MANAGEMENT OF M/S M S RAMAIAH INSTITUTE OF NURSING EDUCATION & RESEARCH, BANGALORE Vs. R RAMESH S/O LATE PAPANNA, BANGALORE

JUDGEMENT

(1.) The respondent was appointed as Driver-cum-Attender by order dated 31.7.2001 by the petitioner. His service was confirmed by the order dated 20.11.2002. A show cause notice was issued to him by the order dated 9.2.2004 making certain charges. He submitted his reply on 14.2.2004. Thereafter a charge sheet-cum-notice dated 4.3.2004 was issued. An enquiry was initiated. The respondent was heard. He tendered his evidence. The enquiry committee proposed a punishment of dismissal from service. Thereafter, he was terminated from service by order dated 27.3.2004. In the proceedings under section 10(4A) of Industrial Disputes Act before the Labour Court, the Labour Court by the impugned order allowed the petition, set aside the order of dismissal passed by the petitioner and directed to reinstate the respondent to his original post with 75% of back-wages with continuity of service and without consequential benefits. Questioning the same, the employer has filed this present petition. The learned counsel for the petitioner contends that the order passed by the Labour Court is perverse and liable to be interfered with and that the Labour Court had assigned its own reasons for reversing the order. The findings recorded are that the enquiry was not just and fair. Evidence was let in. Thereafter, the witnesses were examined in support of their respective case. Thereafter, the matter was considered on merits. It is contended that the order passed by the Labour Court is perverse and liable to be interfered with and that the Labour Court could not have granted reinstatement with 75% back-wages.

(2.) On the other hand, learned counsel for the respondent defends the impugned order. He submits that there is no error committed by the Labour Court that calls for any interference. Considering the material on record and the evidence let in, he submits that 25% back-wages has been denied to him. He should be entitled for 100%. He further pleads that the petition be dismissed.

(3.) Heard the learned counsels and examined the records.