THIRTHAKUMAR K. Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) he petitioner, a dismissed Driver-cum-Conductor of respondent-Karnataka State Road Transport Corporation (for short "KSRTC") is before this Court, questioning the correctness and legality of the award dtd. 17/1/2019 in I.D.A.No.10/2017 on the file of the Labour Court at Chikkamagaluru, whereby the petitioner's prayer to set aside the order of dismissal dtd. 25/1/2016 is rejected.

(2.) Heard learned counsel Sri.V.S.Naik for petitioner and learned counsel Sri.Ramesh B.Anneppanavar for respondent-KSRTC. Perused the writ petition papers.

(3.) Learned counsel for the petitioner would submit that the petitioner joined services of the respondent- Corporation as Driver-cum-Conductor on 8/5/2013. The respondent-Corporation issued show-cause notice dtd. 14/2/2014 alleging excess cash in his possession amounting to Rs.242.00. The petitioner submitted his reply. But not being satisfied with the reply submitted by the petitioner, the respondent-KSRTC appointed an NC: 2024:KHC:8686 Enquiry Officer. The Enquiry Officer submitted his report holding the petitioner guilty of charges. Based on the enquiry report as well as reply submitted by the petitioner, the Disciplinary Authority by its order date 25/1/2016 dismissed the petitioner from services of the respondent- KSRTC. The petitioner raised a dispute and sought reference under Sec. 10 of the Industrial Disputes Act, 1947 (for short "I.D. Act."), which was referred to Labour Court in I.D.A.No.10/2017. The preliminary issue with regard to fairness of the enquiry was held in favour of respondent-KSRTC. The Labour Court under impugned award dtd. 17/1/2019, on appreciation of material on record rejected the petitioner's request to set aside the order of dismissal.