SHANKAR Vs. MANAGEMENT OF NWKRTC

JUDGEMENT

(1.) The petitioner - workman has preferred the instant writ petition assailing the award at Annexure-E, dtd. 27/3/2018, passed by the Labour Court, Belagavi in proceedings bearing KID No.20/2016.

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

(3.) The petitioner was working as a driver in the respondent - Corporation since the year 1999. An order of dismissal was passed against him on 2/5/2016 after holding an enquiry against him on the allegation that he was guilty of driving the bus belonging to the respondent - Corporation in a rash and negligent manner, which had caused the fatal road traffic accident on 31/10/2014. Assailing the order of punishment, dtd. 2/5/2016, the petitioner had filed a claim statement before the Labour Court, Belagavi under Sec. 10(4- A) of the I.D. Act , 1947. In the said proceedings, the Labour Court had answered the preliminary issue regarding the validity of the domestic enquiry against the respondent - Corporation on 18/1/2017. The said finding recorded by the Labour Court has attained finality. The respondent - Corporation had therefore, examined MW2 on the merits of the case and also had got marked 9 documents as Exs.R1 to R9. The workman had examined himself as WW1 and 2 documents were marked on his behalf as Exs.W1 & W2. The Labour Court thereafter had passed the impugned order rejecting the claim statement. Being aggrieved by the same, the workman had filed the present writ petition. During the pendency of the writ petition, the workman had died and his legal representatives were brought on record.