MARUTI LAXMAN NAIK Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) The petitioner, who was working as a Driver with the respondent - Corporation has approached this Court assailing the impugned award at Annexure-E, dtd. 23/4/2014, passed by the Presiding Officer, Labour Court, Hubballi, in proceedings bearing KID No.119/2012.

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

(3.) Facts leading to filing of this writ petition narrated briefly are, the petitioner was appointed as a Driver with the respondent - Corporation in the year 1988. He was subsequently transferred to Bhatkar Depot, Karwar and thereafter to Dharwad Division. On 14/1/2011, he was issued with the charge sheet on the allegation that while he was discharging duty on 22/7/2010 in the bus belonging to the respondent - Corporation, which was plying from Gokarna to Kumta, near Harikad Cross, he had dashed the bus against the oncoming lorry and caused the accident, in which sixteen passengers were injured and bus was also damaged and thereby, the Corporation had sustained financial loss. In the disciplinary enquiry held against the petitioner pursuant to the aforesaid charge sheet, the petitioner was held guilty and the disciplinary authority had passed an order of punishment on 5/9/2012 dismissing him from service. Assailing the said order, the petitioner had approached the Labour Court, Hubballi by raising the dispute under Sec. 10(4- A) of the Industrial Disputes Act . In the said proceedings, the Labour court held that the Corporation had not conducted the domestic enquiry in a fair and proper manner. The said finding had attained finality. The respondent - Corporation to prove its charges against the petitioner, had examined one witness as MW2 and the claimant has examined himself as WW1. Vide the impugned award, the Labour Court had dismissed the claim petition. Being aggrieved by the same, the petitioner is before this Court.