LAWS(KAR)-2013-6-58

V. RAMACHANDRAPPA, CHIKKABALLAPUR DISTRICT Vs. DIVISIONAL CONTROLLER

Decided On June 27, 2013
V. Ramachandrappa, Chikkaballapur District Appellant
V/S
DIVISIONAL CONTROLLER Respondents

JUDGEMENT

(1.) This writ petition is directed against the order dated 7th May 2012 passed by the Labour Court, Bangalore in I.D. No. 24/2010 whereby, an application (dispute) filed by the petitioner-workman under Section 10(4-A) of the Industrial Disputes Act, 1947 (for short "the Act") has been rejected. In that petition, the petitioner had raised a challenged to the order dated 10-8-2010 passed by the respondent-Corporation dismissing him from service. The Labour Court framed the following issues for consideration:

(2.) In the present writ petition, we are concerned with the findings recorded by the Labour Court on Issue Nos. 2, 3 and the additional issue. Learned counsel for the parties confined their arguments on these issues.

(3.) The questions that fall for my consideration, as raised and argued by learned counsel for the parties, are whether the action of dismissal of the petitioner from service on the ground contemplated by Regulation 4(9) of the Karnataka State Transport Corporation (Cadre & Recruitment) Regulations, 1982 (for short "1982 Regulations") without approval as provided for in the proviso to sub-section 2(b) of Section 33 of the Act is legally sustainable and whether on the facts and circumstances of the case, the order of dismissal/termination of the petitioner could be termed as perverse and bad in law.