NORTH WEST KARNATAKA ROAD TRANSPORT CORPORATION AND THE DIVISIONAL CONTROLLER NWKRTC REP. BY ITS CHIEF LAW OFFICER Vs. GURUBASAPPA

JUDGEMENT

(1.) THE respondent/workman applied to the post of Conductor with the petitioner Corporation in the year 1998. He was appointed. Subsequently it was noticed that at the time of seeking employment a case was pending against him in Crime No. 957/1996. This fact was suppressed. Hence a disciplinary enquiry was initiated and he was removed from service. Aggrieved by the same, he approached the Labour Court under Section 10(4A) of the Industrial Disputes Act. By the impugned order, the order of termination was set aside. The petitioner was directed to reinstate him into service with 50% back wages, continuity of service and all other consequential benefits. Aggrieved by the same, the Corporation has filed the present petition. Learned counsel for the petitioner is absent. Heard Sri Ramesh Anneppanavar, learned counsel for the respondent/workman.

(2.) THE Labour Court on considering the plea of the parties was of the view that the order of dismissal cannot be sustained. The various contentions urged by both the parties were considered. Judgments of the Hon'ble Supreme Court were relied upon in support of its view. On considering the same, I am of the considered view that there is no error committed by the Labour Court that calls for any interference. The Labour Court has rightly exercised its power to reinstate him. However the grant of back wages, in my considered view is wholly inappropriate. Notwithstanding the finding of the Labour Court, I am of the view that the respondent claimant would not be entitled to any back wages. The fact that he has been acquitted of the criminal case lodged against him, is a relevant consideration. The offence alleged against him was for an offence punishable under Section 307 of IPC. Under these circumstances, he would not entitled for any back wages. Consequently, the petition is partly allowed. The award passed by the Labour Court dated 24.11.2003, in KID No. 79/2001 is modified. The grant of 50% back wages by the Labour Court is set aside. Rest of the order sustains. Ordered accordingly.