KARNATAKA STATE ROAD TRANSPORT CORPORATION MYSORE URBAN DIVISION MYSORE REP. BY ITS CHIEF LAW OFFICER Vs. H.B. SIDDAPPA

JUDGEMENT

(1.) PETITIONER , a Public Road Transport Corporation, aggrieved by the award dated 1 -12 -2011 in Reference No. 42/2007 of Labour Court, Mysore, Annexure -E, setting aside the order dated 1 -2 -2005 dismissing respondent Siddappa, since deceased by L.Rs., a trainee driver on the allegation of furnishing a false and fabricated transfer certificate (T.C), and directing "payment of full backwages from the date of dismissal up to 17 -2 -2007, the date of death of respondent, and all terminal benefits, while, reserving liberty to the petitioner to extend an appointment for a Legal Representative of the deceased employee has presented this petition. Respondent when selected as a driver was asked to report to duty as a trainee driver in terms of Regulation 12 of the K.S.R.T.C. Cadre and Recruitment Regulations, 1982. While so discharging duties, it appears the petitioner -corporation sought to verify the veracity of the T.C. filed by the respondent at the time of the selection, whence the Headmaster of Government Primary School, Hosur Hundi, T. Narasipura Taluk addressed a letter dated 23 -10 -2000 Annexure -B stating that the T.C. bearing No. 9/86 -87 was issued to one Lingappa, s/o. Gurusiddappa on 2 -6 -1986 and that the T.C. was not issued to the respondent. The 'Disciplinary Authority initiated disciplinary proceedings by issuing Articles of Charge and appointing the Enquiry Officer, who, after extending reasonable opportunity of hearing to the workman submitted a report that the charge was proved. The Disciplinary Authority on an independent assessment of the facts and evidence on record concurred with the findings of the Enquiry Officer and by order dated 1 -2 -2005 removed the respondent from service. That order was subject matter of conciliation proceeding which when ended in failure report, the State exercising jurisdiction under Industrial Disputes Act, 1947 referred the Dispute for adjudication to the Labour Court, Mysore registered as Reference No. 42/07. In the said proceeding the Legal Representatives of the deceased workman having filed the memo, the Labour Court by order dated 21 -7 -2008 permitted them to come on record and prosecute the reference. According to the respondent the deceased served the petitioner Corporation as a trainee driver on a consolidated salary of Rs. 2100/ - from July, 1997 and was continued until 1 -2 -2005. The allegation that the deceased driver submitted a bogus and fraudulent Transfer Certificate, was denied. Petitioner, arraigned as respondent, resisted the claim by filing a counter -statement. Thereafterwards, the Labour Court framed issues on 15 -4 -2009 over the validity of the Domestic Enquiry and whether the punishment was disproportionate. Before the Labour Court, petitioner's counsel conceded the invalidity of disciplinary enquiry in the light of the fact that the Headmaster of the school was not examined before the Enquiry Officer. The Labour Court is said to have returned a finding in that regard on the said issue. Thereafterwards, additional issues were framed on 4 -11 -2011 while additional issues framed on 15 -4 -2009 "were deleted. The Head Master was examined as M.W. 1 and four exhibits marked for the petitioner while documents Exs. M5 to M27 were produced by the petitioner.

(2.) THE Labour Court having regard to the material on record and the evidence both oral and documentary observed that the petitioner's witness MW1 none other than the Headmaster of Government. Jr. Primary School, Hosurhundi, T. Narasipura Taluk, admitted that Ex. M1 the T.C. issued by the school to the workman contained the seal and impressions of the school and signed by the previous Head Mistress by name Ms. Pushpa. In addition M.W. 1 made available the file Ex. M4 in which the carbon copy of Ex. M1 was found and the same was marked as Ex. M4(a) and a photo copy of the same secured while returning the file Ex. M4. The Labour Court having examined the contents of Ex. M1 and Ex. M4(a) observed that there was no difference between the two and that the T.C. Ex. M1 was issued to the workman by the said school hence declined to accept the plea that the census book in which the name of the workman was not found was admissible evidence in the absence of admission register which admittedly was not maintained by the school authorities during the year 1970 -71. The Labour Court concluded that there was no evidence to sustain the charge that the workman had submitted a bogus T.C. and accordingly set aside the order of termination and extended monetary benefits to the Legal Representatives of the deceased workman.