SRI M. VARADARAJU Vs. THE CHIEF TRAFFIC MANAGER BANGALORE METROPOLITAN TRANSPORT CORPORATION CENTRAL OFFICES, K.H. ROAD SHANTHINAGAR BANGALORE

JUDGEMENT

(1.) The petitioner is before this Court assailing the award dated 04.10.2008 passed in I.D.No.23/2001.

(2.) The petitioner was working as a driver in the respondent-Corporation. On the allegation that the petitioner had caused the accident due to his negligence, an Art. of Charge dated 19.07.1997 was issued and on establishing the charge in the domestic enquiry, the dismissal order dated 18.12.2000 was passed. The petitioner claiming to be aggrieved was before the Labour Court in I.D.No.23/2001. Since the action against the petitioner was preceded by a domestic enquiry, the validity of the domestic enquiry as to whether it was fair and proper was considered through the preliminary issue. The Labour Court by the order dated 26.03.2007 held the issue in the negative holding the domestic enquiry held was not fair and proper. On the enquiry proceeding being held invalid, in a normal circumstance, the respondent-Corporation was required to establish the charge afresh before the Labour Court.

(3.) In the instant case, the respondent-Corporation did not choose to tender any fresh evidence. However, the petitioner herein examined himself as WW1 to contend that the action taken against the petitioner amounted to victimization. The Labour Court ultimately while arriving at the conclusion has once over again considered the evidence which has been tendered by the respondent-Corporation before the Enquiry Officer and has arrived at the conclusion that the claim petition is liable to be rejected. It is in that view, the petitioner is before this Court.