LAWS(KAR)-2023-6-161

ABDULREHAMAN Vs. MANAGEMENT OF NWKRTC

Decided On June 08, 2023
Abdulrehaman Appellant
V/S
MANAGEMENT OF NWKRTC Respondents

JUDGEMENT

(1.) The instant writ petition is filed by the workman assailing the award Annexure - D dtd. 27/12/2014 passed by the Labour Court, Hubballi in proceedings bearing KID No.125/2013 and also to issue a writ of mandamus directing the respondent to reinstate the petitioner into service with full backwages and other consequential benefits.

(2.) Heard the learned counsel for the parties and also perused the material on record.

(3.) The petitioner was appointed as a trainee driver with the respondent - Corporation on 5/1/2001 and was confirmed to the said post on 3/2/2003. On the allegation of unauthorized absence for the period from 10/7/2010 to 9/11/2010, a charge sheet was issued against the petitioner. However, the petitioner had not given any reply to the same. Thereafter, the respondent - Corporation had held an enquiry against the petitioner. In the said proceedings, the Enquiry Officer had submitted a report that the charges levelled against the petitioner was proved. Based on the said report, an order of punishment was issued against the petitioner by the management on 30/12/2012 dismissing him from services. Assailing the same, the petitioner had approached the Labour Court under Sec. 2-A(1) of the Industrial Disputes Act. The Labour Court having held that domestic enquiry conducted against the petitioner was fair and proper, thereafterwards vide the impugned award dtd. 27/12/2014 dismissed the claim petition. It is under these circumstances, the petitioner is before this Court. The award passed by the Labour Court has been assailed by the petitioner on the following grounds: That sufficient explanation was offered for his unauthorized absence the same was not considered. The past history of the petitioner was not proved by the management. The punishment imposed was disproportionate to the proven misconduct. The petitioner aged about 54 years and he has no chances of getting any other employment.