SANJAY Vs. MANAGEMENT OF NWKRTC, HUBLI DIVISION

JUDGEMENT

(1.) Award dated 11 -1 -2012 passed in ID No. 43 of 2008 by the Labour Court, Hubballi setting aside the penalty of reduction of basic pay of the workman to the minimum scale of the post of conductor and substituting it by the penalty' of withholding of one increment with cumulative effect for the proved misconduct of non -issue of tickets and non -collection of fare from six passengers of the KSRTC bus has been challenged both by the workman and the management of NWKRTC in these two writ petitions. W.P. No. 78258 of 2013 is filed by the Corporation whereas W.P. No. 109416 of 2014 has been filed by the workman.

(2.) Undisputed facts are that the workman was a conductor in the bus belonging to respondent -Corporation. While he was conducting the bus from Dharwad to Lakmapur, the bus was checked by the Checking Inspector near Dasanakoppa Cross and it was found that out of 30 passengers in the bus, workman had failed to issue tickets to six passengers and had not collected fare amount of Rs. 3.50/ - from each of the passengers travelling from Dharwad to Dasanakoppa Cross. A disciplinary enquiry was conducted against the delinquent who denied the charges. His defence was that a false case was booked by the checking officials because of some altercation and angry exchanges between the workman and the concerned ATR at the time of allotment of duty to workman on the same day. In the enquiry, workman was found guilty, lire Disciplinary Authority accepting the findings of the Enquiry Officer imposed the punishment of reducing the basic pay of the conductor to the minimum of the pay scale of the conductor. The workman raised an industrial dispute and the matter was referred under Sec. 10(1)(d) of the Industrial Disputes Act, 1947 for adjudication to the Labour Court, Hubballi.

(3.) The domestic enquiry conducted was held to be fair and proper. The Labour Court on re -appreciation of the materials found that alleged misconduct was established. However, as regards the penalty imposed, the Labour Court came to the conclusion that it was a case of non -issue and non -collection; having due regard to the length of service put in by the workman for nearly 14 years, the punishment of reducing the pay of the workman to minimum of the pay scale treating him as a fresh appointee was disproportionate and harsh to the charge proved and, therefore, it modified the punishment to that of withholding of one increment permanently. In this background, these writ petitions have been filed.