DIVISIONAL CONTROLLER Vs. HUSSAIN BASHA

JUDGEMENT

(1.) These two writ petitions arise out of the award dtd. 22/10/2010 passed by the Labour Court, Kalaburgi in proceedings bearing KID No.49/2008, therefore they are heard together and disposed of by this common order.

(2.) Heard the learned counsel for the parties.

(3.) Facts leading to filing of this writ petition narrated briefly are; the respondent-workman was appointed as Trainee Driver on 18/4/2006 in the petitioner-Corporation. While operating the bus belonging to the petitioner-Corporation, the workman had caused accident on 26/8/2006, in which one passenger had died and 5 others were grievously injured. With regard to the said incident, a domestic enquiry was held against the respondent-workman and based on the report submitted by the Enquiry Officer, holding that the Corporation had proved the charges against the workman, the Disciplinary Authority had passed an order of punishment dismissing the respondent-workman from service on 7/6/2006. Assailing the said order of punishment, the workman had approached the Labour Court, Kalaburgi under Sec. 10(4A) of the Industrial Disputes Act, 1947 (for short, 'the Act of 1947'). In the said proceedings, the Labour Court had set aside the order of punishment passed by the petitioner-Corporation and had directed reinstatement of the workman without backwages, but with continuity of service. Being aggrieved by the same, the petitioner- Corporation has preferred W.P.No.66889/2011, while respondent-workman has preferred W.P.No.102852/2018.