V MAHADEVA Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) THE petitioner-Mahadeva is before me challenging Annexure-A, an order dated 30-1-2004 issued by the respondents.

(2.) THE petitioner was working as driver with the respondent. On 23-11-2003, he was operating the bus bearing Regn. No. KA 07 F 622 between Dharmayaram and Bangalore. When the bus came to Kaveri theatre near Bellary Road he noticed the red signal and stopped the bus. As soon as the green signal appeared the petitioner slowly moved the bus and a Maruthi van bearing Registration No. KA 04-4587 was on the left side of the bus and the driver of that vehicle was talking over his mobile phone. As soon as the green signal appeared, the Maruthi van driver also moved his vehicle and suddenly turned to the right and stopped. The petitioner applied break and due to this the Maruthi van was touched by the bus and some dents were caused to the van. A complaint was filed by the Maruthi van owner and article of charge was issued by the second respondent. Article of charge is at Annexure-B. The petitioner submitted a reply in terms of Annexure-C. Thereafter, respondents have issued Annexure-A. In Annexure-A, the respondent wants to deduct the petitioner's salary in monthly installment. This order is challenged.

(3.) NOTICE was issued and the respondents have entered appearance. Respondents state that the petitioner has a remedy in terms of the industrial Disputes Act. They have also given the details of the incident. They say that they have imposed a minor penalty contemplated under regulation 22.