DIVISIONAL CONTROLLER NEKRTC, BIJAPUR DIVISION ATHANI ROAD, BIJAPUR NORTH EAST KARNATAKA STATE ROAD TRANSPORT CORPORATION REP. BY ITS CHIEF LAW OFFICER SARIGE SADAN, GULBARGA Vs. LALEMASAK

JUDGEMENT

(1.) This writ petition is directed against the award in KID No. 50/2011 dated 12.04.2012 passed by the Presiding Officer, Labour Court, Bijapur. The respondent had been working with the petitioner Corporation as a Driver cum Conductor. Disciplinary proceedings was initiated against him and it was alleged that he had failed to issue tickets and collect fare from three passengers. After holding an enquiry, the Corporation dismissed him from service on 27.6.2011. The workman challenged the said order by filing a claim petition before the Labour Court in KID No. 50/2011. The Labour Court by its order at Annexure -C dated 12.04.2012 has set aside the order of dismissal of the Corporation and directed the Corporation to reinstate the workman into service with full backwages and all other consequential benefits.

(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 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.