MANAGEMENT OF NWKRTC Vs. A. B. GOUNDI

JUDGEMENT

(1.) The petitioner-Corporation has filed this writ petition under Articles 226 and 227 of the Constitution of India challenging the award dtd. 13/12/2010 passed by the Industrial Tribunal, Hubballi in I.D.No.14/2009.

(2.) Heard the learned counsel for the petitioner and the learned counsel for the respondent.

(3.) Brief facts of the case leading to filing of this writ petition as evidenced from the records are that, the respondent-workman is working as 'Helper-A' in the petitioner-Corporation and disciplinary proceeding was initiated against the respondent-workman on the basis of a report dtd. 26/3/2004 submitted by the Depot Manager, Chikkodi to the effect that on 29/2/2004 though it was a weekly holiday for the workman, the workman worked on that date and availed 2 days off on 2/3/2004 and 22/3/2004 which act of the workman according to the Management amounted to misconduct. It was also further alleged that on 18/3/2004 though workman had remained absent for the duty, he had marked his attendance in the register and this act of the workman amounted to misconduct according to the Management. The Management further alleged that at the time of passing entry of the leave of the technical staff, the workman had marked leave for some other workman without receiving the leave application and caused entry touching the leave of 10 other officials, which act of the workman according to the Management amounted to misconduct.