DIVISIONAL CONTROLLER, NEKRTC, BIJAPUR Vs. MAHEBOOBSAB

JUDGEMENT

(1.) The petitioner-Employer North East Karnataka Road Transport Corporation (for short, NEKRTC) has filed this writ petition aggrieved by the order and award of the Labour Court, Bijapur allowing the claim Case No.KID 10/2014 Maheboobsab Vs. Divisional Controller, NEKRTC, Bijapur under Sec. 10(4-A) of the Industrial Disputes Act, 1947 and setting aside his dismissal order dated 28.8.2014 directing the reinstatement of the claimant-petitioner with full back wages, continuity of service and all other consequential benefits.

(2.) The brief facts leading to the present writ petition, as noticed by the learned Labour Court below are, that the petitioner, while working as a Conductor of Bus bearing No.F 1951 on 31.5.2013, failed to collect due fare of Rs. 179.00 from a child passenger travelling with his parents from Poona to Bijapur and due fare of Rs. 179.00 and upon checking done by the Checking Staff, they found that the child was above 5 years of age and therefore, liable to travel only on a valid pay ticket and the Checking Staff collected the said fare amount along with penalty of Rs. 500.00 from the parents of the child passenger and thereafter the disciplinary proceedings were initiated against the present petitioner-Conductor and after concluding the said inquiry, the dismissal order was passed against him on 28.8.2014 which was challenged by the said petitioner before the Labour Court and Labour Court allowed his application with the aforesaid directions.

(3.) The reasons assigned by the learned Labour Court in the impugned order are as follows: