PAPE GOWDA Vs. DIVISION CONTROLLER KSRTC HASSAN

JUDGEMENT

(1.) THIS appeal is listed today for preliminary hearing after notice to the respondent. With the consent of learned Counsel appearing on both sides, the appeal itself is heard for final disposal, in view of the peculiar facts and circumstances of the case. Brief facts necessary for consideration and disposal of this appeal are :

(2.) THE appellant is the son of late papegowda, who was a conductor in the respondent establishment. The said Papegowda (hereinafter called as 'the Workman') was charged, for not issuing tickets to nine passengers and not collecting fare of Rs. 1. 25 each from them on 25-3-1995. On holding a departmental enquiry, 'the Workman' was dismissed from service on 21-3-1998 by the respondent. The dismissal order was questioned by 'the Workman' by filing an application under Section 10 (4-A) of the Industrial Disputes act (for short 'the Act') before the labour Court, Chickmagalur and the same was registered as IDA 33/1998. After enquiry the Labour Court by its award dated 19-2-1998 has allowed the said application and has set aside the order of dismissal and directed the management to reinstate 'the Workman' into service, to his original post with continuity of service and allowing only 50% of the back wages from the date of dismissal, till the date of reinstatement. The award was questioned by the respondent in W. P; 40254/1999. An interim order was passed by this Court on 2/11/1999, staying the operation of the impugned award, subject to the reinstatement of 'the Workman' into service. The respondent, reinstated 'the Workman' into service on 15/3/2000. After reinstatement, 'the Workman' has passed away on 30/10/2000.

(3.) ON an application being submitted; by the L. R's. of 'the Workman' seeking apppintment on compassionate ground, the respondent corporation has appointed Sri H. P. Jagadish, as a conductor, by an order dated 10/10/2001. In pursuance thereof, he, has joined duty with the respondent on 12-11-2001. Long thereafter i. e. on 17/6/2005, Writ petition No. 40254/1999 has been allowed, by quashing the aforesaid award. Even though the sole respondentin the writ petition i. e. sri papegowda had passed away on 30/10/2000, which fact was well within the knowledge of the respondent Corporation, as it has granted appointment on compassionate ground to the l. R. of Papegowda, without filing any application to bring the L. R. of 'the Workman on record, the respondent has obtained the order dated 17-6-2005. When the writ petition was heard and allowed, the Court has not been appraised by the writ petitioner about the death of the sole respondent. The respondent in the writ petition was also not represented by any counsel.