MANAGEMENT OF KSRTC, REPRESENTED BY ITS DIVISIONAL CONTROLLER, DAVANAGERE DIVISION, DAVANAGERE, REPRESENTED BY CHIEF LAW OFFICER, K.S.R.T.C., BENGALURU 560027 Vs. J. KOTRESHI

JUDGEMENT

(1.) The petitioner-Management filed the present writ petition for a writ of certiorari to quash the impugned Award dated 22.11.2012 made in I.D. No. 13/2009 on the file of the Industrial Tribunal, Hubli. By the impugned Award, the Tribunal has set aside the order of punishment of reducing the pay of the respondent-workman by one incremental stage, imposed by the Disciplinary Authority.

(2.) It is the case of the petitioner that the respondent was working as a Conductor in the establishment of the petitioner-corporation. On 18.11995, while performing his duties in bus bearing No.F-139 plying from Chitradurga to Raichur, the said bus was checked by the checking officials at Manvi. During the course of checking, it was found that the respondent has failed to issue two tickets of Rs. 8.00 each and failed to collect the fare amount. On the basis of the said report, the Disciplinary Authority issued the articles of charge on 4.1996. The respondent failed to submit his reply. The Disciplinary Authority on the basis of the materials available on record, vide order dated 30.7.1996 imposed the punishment of reducing one increment with cumulative effect. Thereafter, the respondent-workman raised the dispute under Sec. 10 (1)(d) of the Industrial Dispute Act, 1947 ('I.D. Act for short) in the year 2009. The Tribunal after considering the entire materials on record, by the impugned Award dated 211.2012 set aside the punishment imposed by the Management. Hence, the present writ petition is filed.

(3.) The respondent though served is unrepresented. Heard the learned counsel for the petitioner.