R.S. SUDHAKAR Vs. CHIEF TRAFFIC MANAGER, BANGALORE

JUDGEMENT

(1.) The petitioner-workmen, who joined the respondent-corporation as a Conductor in the year 1992 is before this Court for a writ of certiorari to quash the impugned award dated 18.06.2008 passed in I.D.No.225/2000 on the file of the III Additional Labour Court, Bangalore dismissing the claim statement filed by the petitioner-workmen under Sec. 10 (4-A) of the Industrial Disputes Act, 1947.

(2.) It is the case of the petitioner that, he has joined the respondent-corporation in the year 1992 and on 27.05.1997, when he was on duty on route No.272 in vehicle No.F-199, the vehicle came to be intercepted by the checking squad and made certain allegations against the petitioner and served a charge memo to the effect that out of 63 passengers in the bus, the petitioner had reissued 7 tickets of 2.50 paisa denomination, 8 tickets of Rs.3.00 denomination, 10 tickets of Rs.3.50 denomination and the petitioner neither issued tickets nor collected the fare from 4 passengers at the rate of Rs.2.50.

(3.) On receipt of the said charge memo, the petitioner submitted a detailed reply explaining the circumstances for the alleged charge. Not satisfied with the reply made by the petitioner, the disciplinary authority initiated enquiry proceedings. The petitioner participated in the enquiry proceedings and after considering the entire material on record, the Enquiry Officer submitted a report on 23.05.2000 holding that the petitioner is guilty of the charges. Thereafter, along with the report, a show cause notice was issued on 01.06.2000, for which he has submitted the reply on 01.07.2000. It is submitted that the respondent without looking the defense of the petitioner has blindly accepted the report of the Enquiry Officer and dismissed the petitioner from service by the order dated 16.09.2000.