MANAGEMENT OF KSRTC Vs. K M DADA

JUDGEMENT

(1.) On a reference being made at the instance of the respondent - workman, a dispute as to the punishment of reducing his pay by two incremental stages by the petitioner-Management was referred to the Industrial Tribunal, Hubli and was registered as I.D. No. 108/2008. The parties having filed the claim and the counter statements, four issues were raised. Issue No. 1 relating to the fairness of the domestic enquiry conducted, upon consideration of the evidence adduced by the parties was answered in the affirmative vide order dated 19.11.2011. Though further opportunity was granted to adduce evidence on merits of the case, no evidence was adduced. Upon hearing of the arguments with regard to issue No. 2, the misconduct alleged against the workman was held as established. Considering the case with regard to quantum of punishment imposed it has held that the same is on a higher side. As a consequence, the reference was allowed in part and the impugned punishment order passed by the Disciplinary Authority reducing the pay of the workman by two incremental stages with cumulative effect was set aside and by way of modification it was ordered that one increment of the workman for the year 1999 be withheld only for a period of one year without cumulative effect which shall not have the effect of postponing the future increments of the workman, vide Judgment and Award dated 10.05.2012, as at Annexure-F. Assailing the said Award, the Management filed this writ petition.

(2.) Sri B.L. Sanjeev, learned advocate for the petitioner, firstly contended that the dispute having been raised after the lapse of 6 years without offering any satisfactory explanation for the delay, ought to have been rejected in limine. In support of the said submission, learned counsel placed reliance on the law laid down in the following decisions:

(3.) Dharappa v. BIJAPUR CO-OP. MILK PRODUCERS SOCIETY UNION LTD., REPORTED IN, 2007 AIR(SCW) 2882;