HUBERT LOBO Vs. PRESIDING OFFICER LABOUR COURT MANGALORE

JUDGEMENT

(1.) THE petitioner herein challenges the award passed by the labour Court. The worker-petitioner herein was driver of the vehicle bearing No. MYF 9032 on 29-3-1987. While he was driving the said vehicle on Mangalore to Dharmasthala route an accident took place near Belthangady. In this connection a disciplinary action was taken against him and an article of charges was issued on 17-9-1987, alleging inter alia that the said accident was caused due to rash and negligent driving of the vehicle. He submitted his explanation denying the charges. Without any further detailed enquiry the Disciplinary Authority passed the order on 9/11-2-1988, withholding the ensuing increment for a period of six months with cumulative effect and to recover a sum of Rs. 941. 94, being the cost of damages caused to the vehicle.

(2.) THE worker raised a dispute before the Labour Court. Before the Labour Court, the worker contended inter alia that he is not guilty of the charges framed against him and the punishment of withholding of increments with cumulative effect is a major penalty and that the same cannot be imposed without holding a detailed enquiry. The Labour Court considered the question in detail and held that the order of the Disciplinary authority in withholding the increments of the worker for a period of six months with cumulative effect was proper and justified. However it held the Disciplinary Authority was not justified in recovering the amount of Rs. 941. 94 being the material charges and labour charges towards the costs of damages to the bus. Against the said order, the worker has approached this Court.

(3.) I have heard the learned Counsel for the petitioner as also the respondents. I have been taken through the record. A perusal of the record shows that the worker was negligent in driving the vehicle and the accident was the result of negligent driving. The finding of the Disciplinary Authority in that behalf has to be sustained. The only question raised for consideration is what should be the punishment to be imposed on the worker.