BASAWARAJ Vs. THE DIVISIONAL CONTROLLER, NEKRTC

JUDGEMENT

(1.) THIS writ petition is directed against the award in KID No. 156/2010 dated 3.6.2011 passed by the Presiding Officer, Labour Court, Gulbarga. The petitioner had been working with the respondent Corporation as a Driver. Disciplinary proceedings was initiated against him and it was alleged that he was in possession of excess cash. After holding an enquiry, the Corporation dismissed him from service on 14.8.2010. The petitioner challenged the said order by filing a claim petition before the Labour Court in KID No. 156/2010. The Labour Court has dismissed the said petition by its order at Annexure -D dated 3.6.2011.

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

(3.) IN North West Karnataka Road Transport Corporation vs. 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 Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd., vs. Shri Ram Gopal Sharma and Others ( : AIR 2002 SC 643) and the decision of this Court in Sanjay and Others vs. 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.