THE DIVISIONAL CONTROLLER NEKRTC, BIDAR DIVISION Vs. VENKAT

JUDGEMENT

(1.) (i) Whether the Labour Court or any adjudicating authority, before whom an order of dismissal or discharge of a workman is challenged, has jurisdiction to adjudicate as to whether the order contravened Section 33 of the Industrial Disputes Act, 1947 ('the Act')?

(2.) There is a delay of 806 days in filing this appeal. Accepting the cause shown, the delay in filing the appeal is condoned. I.A. No.1/2014 is allowed accordingly. By consent of learned counsel on both sides, the appeal is heard on merits and is being disposed of by this judgment.

(3.) This appeal is directed against the order dated 14.08.2012 passed by a learned Single Judge of this Court in Writ Petition No.83808/2011. The writ petition was filed by the appellant-NEKRTC against the award dated 05.02.2011 passed by the Labour Court, Gulbarga, in Ref. No.20/2009. The Labour Court, though found that the respondent who was working as a conductor with the appellant-Corporation had remained unauthorisedly absent for a period of 105 days from 28.9.2003 to 1.1.2004, had set aside the order of dismissal dated 30.09.2007 by the aforesaid award on the ground that the punishment of dismissal was disproportionate to the misconduct proved.