B.M. RAMAKRISHNA SINCE DEAD BY LRS. I.E., WIFE SMT. KEMPAMMA & ORS. Vs. CHIEF TRAFFIC MANAGER BMTC, BANGALORE

JUDGEMENT

(1.) Petitioners who are the wife, daughter and son of the workmen by name B.M.Ramakrishna are before this Court seeking a writ of certiorari to quash the impugned award dated 16.06.2007 made in I.D.No.31/2005 on the file of the Labour Court, Bengaluru at Annexure 'C' and also to quash the termination order dated 30.12.2004 at Annexure 'B' and direct the respondent-Corporation to provide appointment on compassionate ground in lieu of premature death of her husband and also to pay the back wages from the date of dismissal to the date of the death of the deceased Ramakrishna.

(2.) According to the petitioners, deceased B.M. Ramakrishna was appointed in the year 1993 as a driver and was placed on probation on 23.01996 and the said post came to be confirmed on 08.05.1998, after rendering service for more than 11 years. After lapse of 9 years, he was issued Articles of Charge dated 03.04.2002 alleging that the Transfer Certificate bearing No.46/71-72 vide registration No.76/66-67 was a bogus document. The deceased has filed objections to the said Articles of Charge. Not satisfied with the reply offered by the deceased workman, the respondent - Corporation initiated enquiry by appointing Enquiry Officer. The Enquiry Officer conducted the enquiry. The deceased had appeared for enquiry and the Enquiry Officer after holding detailed enquiry reported that the charge was proved. After issuing show cause notice to the workman, the respondent-Corporation by the impugned order dated 30.12014 removed the workman from the service.

(3.) Aggrieved by the said order, the deceased has raised industrial dispute under Sec. 10 (4-A) of the Industrial Dispute Act, 1947. The Tribunal by holding preliminary enquiry, on 28.08.2006 held that the disciplinary enquiry of the workman was fair and proper. The tribunal while adjudicating the dispute between the parties, by the impugned order dated 16.06.2007, has dismissed the dispute. Hence, the present writ petition is filed by the legal representatives of the deceased.