DIVISIONAL CONTROLLER, NWKRTC Vs. GURUPADAPPA SHANKARAPPA KANAVI

JUDGEMENT

(1.) Writ petition is filed challenging award dtd. 7/9/2009 passed by Industrial Tribunal, Hubballi in I.D.no.123/2005 at Annexure-F.

(2.) Smt.P.R.Bentur, learned counsel for petitioner submitted that respondent was employed as conductor in services of petitioner/Corporation. He was on duty in Bus bearing no.KA-25/F-863 plying between Hubballi-Yaraguppa Hubballi route on 1/1/2000, when he was issued with Article of Charge alleging misconduct of negligence for having allowed a passenger to travel on roof top of bus, who fell down, sustained injuries and died causing financial loss to petitioner/Corporation towards payment of compensation to family of deceased. It was submitted, respondent filed his reply. Thereafter, enquiry was held. Enquiry Officer held charges as proved. On receipt of Enquiry Report, respondent was issued with second show-cause notice and after considering his reply, Disciplinary Authority passed order for withholding of five annual increments of respondent permanently and treating period of suspension as 'Not on Duty'. Aggrieved thereby, respondent/workman raised dispute. Same was referred under Sec. 10(1)(d) of Industrial Disputes Act to Industrial Tribunal, Hubballi and registered as I.D.no.123/2005.

(3.) Respondent entered appearance and filed claim statement, while petitioner filed objections. Thereafter, Tribunal recorded evidence, wherein petitioner produced entire records of disciplinary proceedings.