SRIKANTH RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has presented this writ petition praying for quashing the order of the State Government refusing to refer the dispute between him and the R.38. Management of K. Devappa Naik and sons about the imposition of penalty of dismissal from service against the petitioner for industrial adjudication.

(2.) The petition has come up for preliminary hearing after notice to the respondents. By consent of counsel appearing for the parties, it is taken up for final hearing.

(3.) The facts of the case in brief are as follows : The petitioner was a Conductor in a Motor Transport Undertaking of the third respondent. A charge sheet dated 10-6-1982 was issued to the petitioner alleging that on 8-6-1982 he allowed some passengers travelling in Bus No. MEG 4462 from Manipal to Mangalore to get down at Hampanakatta but did not allow two others to do so and then he had also misbehaved with a passenger. The third respondent appointed an Enquiry Officer to enquire into the charges levelled against thepetitioner. In the enquiry, the petitioner was found guilty of the charges. By order dated 20.11.1982 (Annexure-A), the petitioner was dismissed from service. The petitioner thereafter raised an industrial dispute before the Jurisidictional Concilia ion Officer. The Conciliation ended in failure. The failure report was submitted by the Conciliation Officer to the State Government. On consideration of the records, the State Government made the order dated 11-1-1984 and communicated the same to the petitioner. The relevant part of it reads :