MANAGEMENT OF NWKRTC Vs. YALLAPPA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the respondent.

(2.) The appellant in this intra-court appeal is before this Court being aggrieved by the order of the learned single Judge rendered in W.P. No. 107370/2014 dated 15.12015.

(3.) The appellant in this intra-court appeal is the Corporation and petitioner in W.P. No. 107370/2014. It is before this Court being aggrieved by the order of the learned single Judge rendered in the above noted petition dated 15.12.2015. It is contended by the learned counsel for the appellant that on account of the accident caused by the respondent, the Corporation has been put to loss and has been forced to pay the compensation in order to satisfy the award made by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal'). It is contended by the learned counsel for the appellant that the respondent, who was appointed as a trainee driver with the appellant - Corporation, is guilty of causing the accident on account of his omission to use the headlights of the bus in an appropriate manner and thereby inconvenienced the victims, who were riding on a two wheeler and thereby, caused the accident resulting in the death of the rider of motorcycle, pillion rider and a minor child. Hence, disciplinary enquiry was initiated against the respondent and his name was removed from the select list of trainee drivers. Upon the claim made by the respondent under the provisions of Sec. 10(4-A) of the Industrial Disputes (Karnataka Amendment) Act, 1987, the Labour Court enquired into the reference and by award dated 02.01.2014 in KID No. 42/2013, it was pleased to set aside the removal order dated 08.02013 and further directed for reinstatement of the claimant into service to his original post with continuity of service on notional terms without back-wages and within one month from the date of publication of the award. Aggrieved by the same, Corporation has preferred the above noted petition.