IRAPPA Vs. MANAGEMENT OF NWKRTC, HUBLI DIVISION

JUDGEMENT

(1.) The petitioner, Mr.Irappa, is aggrieved by the award dated 4.5.2011 passed by the Labour Court, Hubli, whereby the Labour Court had partly accepted the petition filed by the petitioner under Section 10(4-A) of the Industrial Disputes (Karnataka Amendment) Act, 1987, ('the Act' for short) and had modified the order of punishment dated 6.3.2009 from dismissal to stoppage of four increments with cumulative effect. While doing so, the Labour Court had also directed that the petitioner be reinstated into service, within one month from the date of commencement of the award, with continuity of service for retrial service benefits, but without back wages.

(2.) Brief facts of the case are, that in the year 1994, the petitioner was appointed as Conductor in the respondent, NWKRTC. He was confirmed on the said post in 1996. From 1996 till 2009, he continued to work. However, by order dated 6.3.2009 he was dismissed from his service after enquiry was held for his unauthorized absence from 05.01.2007 to 29.05.2007. Since the petitioner was aggrieved by the dismissal order, he filed a petition under section 10(4-A) of the Act before the learned Labour Court, Hubli. By the impugned award, the learned Labour Court modified the dismissal order, and issued certain directions as aforementioned. Hence, this petition before this Court.

(3.) Mr.Ravi Hegde, the learned Counsel for the petitioner, has vehemently contended that before the learned Labour Court the petitioner had raised a plea that provisions of Section 33(2)(b) of the Act were not complied with. Therefore, the dismissal order was non-est. Hence, the dismissal order should have been set aside in toto. However, the learned Labour Court has not uttered a word about the said plea. But, instead, has modified the dismissal order as aforementioned.