DIVISION CONTROLLER Vs. KALEEMUDDIN KHAN

JUDGEMENT

(1.) The petitioner - Corporation is assailing the award dtd. 27/10/2017 in Ref. No.27/1026 passed by the III Additional Labour Court, Bangalore.

(2.) For the sake of convenience, petitioner is referred as Corporation and the respondent as workman.

(3.) The brief facts leading to filing of this writ petition are that, the respondent - workman was appointed as a driver-cum-conductor in the petitioner - Corporation on probation since 3/10/2008. When he was serving as a conductor, on 23/12/2011 at about 12.50 hrs was intercepted by the checking squad and on noting the irregularities of withholding 13 tickets, which were once sold in the previous trip, the checking squad confiscated the said tickets, waybill and passed remarks by issuing the offence memo and submitted the report to the higher authorities. The article of charges were issued on 6/1/2012, no explanation was submitted by the workman. The Corporation appointed an Enquiry Officer, who conducted enquiry and submitted the enquiry report. Based on the enquiry report, show-cause notice was issued to the workman calling upon for explanation as to why the punishment should not be imposed on the workman. The workman submitted explanation to the said show-cause notice. The disciplinary authority taking into consideration the report of the Enquiry Officer, evidence, material documents and past history of the workman, dismissed him from service by order dtd. 25/11/2013.