RAMESH Vs. DIVISIONAL CONTROLLER NEKRTC

JUDGEMENT

(1.) THIS writ petition is directed against the award in KID No. 131/2010 dated 17.5.2011 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 had unauthorisedly remained absent from 17.3.2009 till 2.9.2009. After holding an enquiry, the Corporation dismissed him from service on 10.6.2010. The petitioner challenged the said order by filing a claim petition before the Labour Court in KID. No. 131/2010. The Labour Court has dismissed the said petition by its order at Annexure -B dated 17.5.2011.

(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 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.