VIRUPAKSHAPPA Vs. MANAGING DIRECTOR, NEKRTC

JUDGEMENT

(1.) The captioned appeal is filed by the respondent in Writ Petition No.62519/2011 assailing the order of the learned Single Judge allowing the writ petition and setting aside the order of the Labour Court.

(2.) The appellant herein was selected as a conductor- cum-trainee and having placed in the selected list of candidates was sent to undergo training of one year. The respondent-corporation having found that the appellant herein had remained unauthorisedly absent for almost 365 days, after enquiry, removed him from service by order dtd. 24/3/2005. This compelled the appellant herein to file industrial dispute before the Labour Court and his claim petition was allowed in part setting aside the order of dismissal and directed the respondent-Corporation to reinstate the appellant herein into service without backwages and continuity of service.

(3.) The respondent-Corporation, feeling aggrieved by the order of the Labour Court, preferred writ petition in W.P.No.62519/2011. The learned Single Judge by recording his reasons has reversed the order of the Labour Court. The reasons assigned by the learned Single Judge are found to be in two fold. Firstly, the learned Single Judge held that a trainee driver-cum-conductor cannot be equated with a regular driver-cum-conductor and does not fall within the definition of Corporation Servant. Secondly, the Learned Single Judge was of the view that the appellant herein is found to be absent for a period of 365 days and therefore, held that the respondent-Corporation was justified in removing him from the service. On these set of reasoning, the learned Single Judge has proceeded to allow the writ petition and the order of reinstatement passed by the Labour Court is reversed.