THE DIVISIONAL CONTROLLER, NEKRTC Vs. REVANAPPA

JUDGEMENT

(1.) The North Eastern Karnataka Road Transport Corporation ("the Corporation", for short), the petitioner, has challenged the legality of the award dated 23.08.2010, passed by the Labour Court, Gulbarga, whereby the learned Labour Court has directed the petitioner Corporation to consider the case of the legal representatives of the deceased workman for appointment on compassionate grounds.

(2.) Briefly the facts of the case are that, Revanappa, the workman, was working as a Conductor with the petitioner Corporation. On 12.12.2005, while he was working as a Conductor of a bus, bearing registration No.3708, plying between Bellary and Raichur, the bus was inspected; it was discovered that he has failed to issue tickets to two passengers who were travelling from Sindhanur to Raichur and had failed to issue tickets to three passengers who were travelling from Potnal to Raichur despite having collected the requisite fare from them. He had further failed to issue tickets to two passengers travelling from Manvi to Raichur although he had collected the fare as well. Therefore, due to his misconduct, a departmental enquiry was conducted against Revanappa. The Enquiry Officer found Revanappa guilty of the alleged misconduct. Thus, Revanappa was dismissed from the service.

(3.) Since Revanappa was aggrieved by the dismissal order, he had raised a dispute before the Labour Court, Gulbarga, in K.I.D.No.146/2007. However, during the pendency of the proceedings before the Labour Court, Revanappa expired. Consequently, his legal representatives were taken on record. The learned Labour Court framed three issues as under: