D.T. MANJUNATH Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) Challenging award dtd. 21/3/2018 passed by Presiding Officer, Labour Court, Dakshina Kannada, Mangaluru, in I.D.A.no.34/2017, this writ petition is filed.

(2.) Sri. L Shekar, learned counsel for petitioner submitted that while working as driver-cum-conductor in Bus belonging to KSRTC, plying from Bengaluru to Udupi and it was checked at Gubbi stage. It revealed that out of 18+00+00 passengers, he had failed to issue ticket for Rs.288.00 to one passenger traveling from Bengaluru to Kadur. He was issued with offence memo, after collecting Rs.500.00 as penalty from ticketless passenger.

(3.) It was submitted that on said allegation, Articles of Charge was issued on 31/7/2014. Same were denied by petitioner. Without consideration, departmental enquiry was ordered. And though petitioner had participated in it and opposed charges, without proper enquiry, report upholding charges was submitted. Petitioner opposed findings in his representation filed after receipt of second showcause notice on 12/8/2015. But, disciplinary authority proceeded to pass order of dismissal from service on 22/9/2015, which was wholly unsustainable. Hence, petitioner filed claim petition under Sec. 2A(2) of Industrial Disputes Act, (' ID Act ' for short) before Labour Court, Mangaluru in IDA no.34/2017.