MANAGEMENT OF NWKRTC, Vs. CHANDRASHEKARAGOUDA HEMANAGOUDA PATIL

JUDGEMENT

(1.) The petitioner Corporation is before this Court in these two petitions. In Writ Petition No. 65447 of 2011, the petitioner is assailing the award dated 4th September 2010 passed in K.I.D. No. 13 of 2009. The Labour Court through the said award has granted the relief of reinstatement with continuity of service and backwages on setting aside the dismissal order dated 31st January 2009. The petitioner-Corporation, therefore, claiming to be aggrieved is before this Court.

(2.) In view of the said award dated 4th September 2010 being passed in KID No. 13 of 2009, the respondent workman was before the Labour Court in an application filed under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short 'the Act'). The said application was registered as Application No. 22 of 2011. Since, the amount has been computed and a direction has been issued to pay the amount to the respondent herein, the petitioner Management has assailed it in the companion petition bearing Writ Petition No. 100780/2014. The Writ Petitions being interdependent are taken up together, heard and disposed of by this common order.

(3.) The respondent was working as a Conductor in the petitioner Corporation. On the allegation that he had created nuisance at the ticket counter, action was initiated and through the order dated 31st January 2009, he was dismissed from service. The petitioner had assailed the said order by filing a petition under Section 10(4-A) of the Act before the Labour Court, Hubballi in K.I.D. No. 13 of 2009. The Labour Court had, at the outset, considered the validity or otherwise of the departmental enquiry held against the respondent herein and on holding the same to be fair and proper has, thereafter proceeded to consider the correctness or otherwise of the dismissal order dated 31st January 2009. Thereupon, having arrived at the conclusion that the order is not justified, has set aside the same.