THE DIVISIONAL CONTROLLER NEKRTC BIDAR DIVISION BIDAR BY ITS CHIEF LAW OFFICER Vs. VITHAL S/O SHARNAPPA HADPAD AGE: 37 YEARS, CCC. EX.CONDUCTOR HUMNABAD, DEPIOT, R/O MANGALI, TQ. HUMNABAD D IST. BIDAR

JUDGEMENT

(1.) The respondent, subjected to a disciplinary enquiry was found guilty of the charged misconduct. The Disciplinary Authority passed an order dated 27.02.2006 and imposed the punishment of reduction to the minimum pay-scale by treating the period of suspension as 'not on duty'. The respondent raised an industrial dispute and Government of Karnataka in exercise of its powers under Sec. 10(1)(d) of the Industrial Disputes Act, 1947 (for short, 'the Act'), referred the dispute for adjudication to Industrial Tribunal at Hubli. The case was registered by Tribunal in I.D. No. 89/2010. The workman filed claim statement vide Annexure-C and the Management filed counter statement vide Annexure-D. Preliminary issue with regard to the fairness of disciplinary enquiry conducted was answered against the workman. Further evidence having been adduced, both oral and documentary, by an Award dated 09.07 2012, the reference was allowed in part and impugned punishment was modified and a substituted punishment, which is lesser, was imposed. Assailing the Award as at Annexure-E, this petition was filed.

(2.) Learned advocate for the petitioner submitted that finding recorded by Enquiry Officer and the Management being based on evidence cannot be interfered and substituted with a lesser punishment. He contended that Tribunal has committed illegality in exercising the power under Sec. 11-A of the Act and substituting the punishment imposed by the Disciplinary Authority.

(3.) Learned advocate for the respondent on the other hand made submissions in support of the Award as at Annexure-E and sought dismissal of the petition.