K.V. SUBRAMANYA Vs. CHIEF TRAFFIC MANAGER

JUDGEMENT

(1.) These two petitions arise out of judgment and award passed by the Presiding Officer, III Additional Labour Court, Bangalore, dated 11-6-2012 in I.D. No. 59 of 2010 where under reference under Sec. 10(4-A) of Industrial Disputes Act, 1947 came to be allowed and order of dismissal dated 10-11-2010 dismissing workman from service, came to be set aside by directing the management to reinstate first party-workman into service within one (1) month from the date of award becomes enforceable, with continuity of service and all other consequential benefits and 50% bad wages till date of reinstatement.

(2.) Management has assailed this award in W.P. No. 2666 of 2013 on the ground that order of dismissal ought not to have been set aside since Transfer Certificate produced by workman at the time of entering into service, which came to be marked as Ex. M. 7 before Enquiry Officer, was fake and a false document created for the purposes of securing the job and as such, proved misconduct in disciplinary enquiry ought not to have been interfered by Labour Court. Whereas workman has challenged the same award in W.P. No. 16869 of 2013 contending inter alia that when enquiry held by management was not proved or held to be not fair and proper by Labour Court and no contra evidence having been tendered by management, Labour Court could not have withheld 50% back wages since charge alleged against workman was not proved. On these grounds, workman has sought for grant of 100% back wages.

(3.) I have heard the arguments of Sriyuths B.L. Sanjeev, learned Counsel appearing for petitioner-Corporation - management and Sri L. Shekar, learned Counsel appearing for workman. Parties are referred to as per their ranks in Labour Court.