DIVISIONAL CONTROLLER Vs. MEHIRUNNISA BEGUM

JUDGEMENT

(1.) THIS writ petition is directed against the award in KID No.61/2002 dated 31.3.2008 passed by the Labour Court at Gulbarga.

(2.) RESPONDENT No.1 is the wife of Farook, respondent Nos.2 to 6 are his children and respondent No.7 is his mother. Farook had been working with the North East Karnataka Road Transport Corporation, Gulbarga Division, as Conductor. Disciplinary proceedings were initiated against him and it was alleged that he did not issue tickets to the passengers nor collected the fare. The misconduct was proved before the disciplinary authority. Consequently, he was dismissed from service. Farook filed a claim petition in KID No.61/2002 before the Labour Court, Gulbarga, challenging the order of dismissal passed by the disciplinary authority. During the pendency of the proceedings before the Labour Court, Farook died. Therefore, his legal representatives have been brought on record. The Labour Court by its award dated 31.3.2008 at Annexure 'F' has set aside the order of dismissal and has directed the Corporation to pay retirement benefits.

(3.) LEARNED Counsel for the petitioner would contend that the Corporation has established before the Labour Court that the workman has misappropriated the funds of the Corporation. Without recording any finding with regard to misconduct committed by the workman, the Labour Court has set aside the order of the disciplinary authority.