MANAGING DIRECTOR NEKRTC Vs. RAJ BHAKSHI

JUDGEMENT

(1.) Writ appeal by the employer -- North-East Karnataka Road Transport Corporation being aggrieved by the order of dismissal suffered at the hands of the learned Single Judge in Writ Petition No. 80238 of 2010 which was a petition questioning the Award of the Labour Court, Gulbarga, dated 25-5-2009 passed in Reference No. 61 of 2006. The reference at the instance of the workman was against the order of dismissal suffered by him at the hands of the management as a measure of penalty imposed in disciplinary proceedings pursuant to a domestic inquiry and on the charge he had remained absent from 12-10-2002 to 25-10-2002 without leave or authorisation.

(2.) The Labour Court as a preliminary finding, found that the domestic inquiry was not fair and proper and therefore set aside the proceedings and allowed opportunity to the employer to adduce evidence before the charges.

(3.) The employee also examined himself as W.W. 1 and claimed that he had suffered paralytic stroke on the right side of his body and had received treatment in a private Hospital and therefore that was sufficient justification for his remaining absent and the punishment of dismissal from service cannot be sustained etc.