DIVISIONAL CONTROLLER NEKRTC Vs. ABDULSHUKUR

JUDGEMENT

(1.) Registry to receive the cheque and on realization of the amount, to transmit the same to the Labour Court at Bijapur, for disbursement in favour of the respondent-workman. This writ petition by the North Eastern Karnataka Road Transport Corporation, Bijapur Division is directed against the award of the Labour Court dated 17.11.2011 rendered in KID No. 35/2011.

(2.) The workman who had suffered the order of dismissal at the hands of the Management following an enquiry and followed by disciplinary proceedings, had filed the claim petition before the Labour Court under Section 10(4A) of the Industrial Disputes Act, 1947, contending that the enquiry was not fair, proper and it was not done in a procedural manner and the order of dismissal is not justified etc.

(3.) The Labour Court set aside the domestic enquiry and on finding that it was not procedural order, permitted the Management to adduce evidence to make good its charges against the workman. However, on the evidence produced by the Management, the Labour Court opined that the Management has not made good the charges of the workman-conductor collecting fare from four passengers and not issuing tickets to them. In the circumstances, the Labour Court set aside the order of dismissal and directed reinstatement with full back wages.