SHANKAR VINAY ACHARI @ N SHIVASHANKARACHARI Vs. CHIEF TRAFFIC MANAGER BANGALORE METROPOLITAN TRANSPORT CORPORATION

JUDGEMENT

(1.) This appeal is filed assailing the correctness of the order passed by the learned single Judge dated 23.07.2012 in W.P. No. 17079 of 2008, in dismissing the writ petition filed by the petitioner/appellant herein. The facts of the case are:

(2.) Sri. S.L. Venkatesh, learned Counsel for the appellant submits that the alleged Way Bill bearing No. 4153440 was not issued to him on 10.12.1998. It was a tailor made document. The entire case of the Management rested on the so called Way Bill which was never produced before the Labour Court. The workman had made best of his efforts by filing a writ petition before this Court and was submitting representation to trace the original Way Bill; he is victimized by his Superior Officers due to vengeance. Alleged Way Bill did not bear the signatures of the conductor driver and the cashier. The Enquiry Officer had summoned the 'Way Bill Issue Ledger' to cross check the veracity of the xerox copy of the Way Bill produced, it was not the extract of the original Way Bill. When he was disputing the veracity of the xerox copy, the same could not have been considered as secondary evidence. Hence, the order of dismissal passed by disciplinary authority, the Award of the Labour Court and the order of the learned single Judge in W.P. No. 17079/2008 vide order dated 23.07.2012 may be set aside with a direction to reinstate him to service, with continuity of service and backwages.

(3.) In reply, Smt. Renuka, learned Counsel for respondent employer submits that the dismissal order passed by the employer vide order dated 19.06.2001 was preceded by a valid domestic enquiry. Unsuccessfully, he had approached the Court in W.P. No. 34120/2000 seeking to quash the charge memo dated 25.01.1999, issued to him during the domestic enquiry by the Management. The charge against him was severe. He had reissued tickets already sold; did not make proper entry in the Way Bill and caused financial loss to the Corporation and he had past history of 45 misconduct cases. During the enquiry before the Labour Court also, the fairness of the domestic enquiry was gone into and was upheld. In the meantime, the workman had filed a writ petition before this Court in W.P. 27030/2001, for a direction to the Director, Security and Vigilance in the matter of investigation of the missing Way Bill and said writ petition came to be rejected vide order dated 01.08.2001. Initially, original Way Bill was produced during the domestic enquiry, since the same could not be traced at the time of leading evidence before the Labour Court, the xerox copy of the same was produced. The Labour Court has examined all his objections with regard to the said missing Way Bill and found that the domestic enquiry held was fair and proper and found him guilty of the misconduct and the learned single Judge has rightly noticed that the copy of the Way Bill produced was admissible in evidence and the impugned order is correct and no substantial question of law would arise in this case for consideration.