ANWARBHASHASAB Vs. DIVISIONAL CONTROLLER, NEKRTC

JUDGEMENT

(1.) The petitioner - workman is before this Court, seeking for the following reliefs:

(2.) The case of the petitioner is that, he was appointed as a Driver in the respondent - Corporation. That, a charge memo was issued to him alleging that, he was absent for a period of 44 days without sanction of leave between 13/7/2012 to 9/8/2012. An enquiry was conducted by the respondent - Corporation, wherein the petitioner was held to be on unauthorised absence. Consequently, he was dismissed from service, vide order dtd. 22/2/2013, as per Annexure-A. Aggrieved by the same, the petitioner filed a claim petition before the Labour Court, Hubballi in KID No.78/2013 contending that, the order of dismissal was illegal and the enquiry that was held by the respondent - Corporation was not fair and proper. He also contended that, he was not gainfully employed anywhere and he had no source of income, for his livelihood. Accordingly, sought for setting aside of the order of dismissal, dtd. 22/2/2013 and prayed for his reinstatement into service with full back wages and continuity of service along with consequential benefits.

(3.) That, the Labour Court, while answering issue No.1, regarding fairness of the domestic enquiry in the affirmative, however held that the order of dismissal from service was disproportionate to the alleged misconduct.