THE DIVISIONAL CONTROLLER Vs. JAYARAMU

JUDGEMENT

(1.) Being aggrieved by the award dated 25th September, 2012 made in I.I.D. No. 12/2011 on the file of the Presiding Officer, Labour Court, Mysore, allowing the claim petition under the provisions of Sec. 10(4 -A) of the Industrial Disputes Act, and directing to the Corporation to reinstate the respondent/workman with full backwages, the present petition is filed by the Management.

(2.) The respondent, who was working as driver in the petitioner/Corporation has remained absent unauthorisedly from duty with effect from 3.4.2008 onwards, on the basis of which, the Corporation has issued articles of charges to the workman on 15.7.2008. The workman did not file any reply. Thereafter, the Corporation appointed an enquiry officer, who enquired about the unauthorized absenteeism of the respondent. The respondent participated in the enquiry proceedings denying the charge. After holding due enquiry, the enquiry officer has filed the enquiry report holding that the charge against the respondent was proved. After following the procedure, the Corporation has dismissed the respondent/workman from service on 28.12.2010, taking into consideration the unauthorized absence of the respondent from 3.4.2008 to 23.8.2009 and also the past records/7 cases in which he was involved.

(3.) The respondent/workman being aggrieved by the dismissal order has raised the industrial dispute under the provisions of Sec. 10(4 -A) of the Industrial Disputes Act before the Labour Court, Mysore. The Labour Court considering the entire material on record while upholding the validity of the enquiry has set aside the dismissal order only on the ground that the provisions of Sec. 33(2)(b) of the Industrial Disputes Act was not complied with and directed the Corporation to reinstate the workman into service with full backwages. Hence, the present writ petition is filed.