JAYASHREE Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) The petitioners being the legal representatives of deceased workman are before this Court seeking for the following reliefs :-

(2.) The workman had been employed with the respondent - NWKRTC as a Conductor in the year 1997 and was removed from services on 7/7/2001 on the ground that the workman neither collected the fare amount nor issued tickets for six passengers of which he was the Conductor on 7/7/2001, when the bus was travelling from Chick Mannur to Indi. The bus having been checked at Stage-3 from Chik Mannur and checking Inspector informed that six passengers had not been issued tickets. Pursuant to that articles of charges were issued. The reply given by the workman not being accepted by the Disciplinary Authority, a enquiry was instituted, the Enquiry Officer upheld the punishment awarded pursuant to which a claim petition came to be filed by the workman in K.I.D.No.63/2001 before the Labour Court, Vijayapur.

(3.) Initially, vide award dtd. 5/8/2004, the above claim petition came to be partly allowed, the dismissal was set-aside and the respondent - NWKRTC was directed to make payment of monitory benefits as also to consider the claim of claimant No.1(a) for compassionate appointment on account of the workman having expired during the pendency of the proceedings. The said award having been challenged before this Court. This Court vide its order dtd. 16/1/2006 had remitted the matter to the Labour Court for fresh disposal. Subsequently, by the impugned award dtd. 28/6/2006, the claim petition came to be rejected, challenging the same the petitioners are before this Court seeking for the aforesaid relief.