KARNATAKA STATE ROAD Vs. GENERAL SECRETARY

JUDGEMENT

(1.) .The petitioner-Corporation is before this Court for a writ of certiorari to quash the Award dated 12.03.2009 made in Reference No. 113/2006 (Old No. 01/2004) on the file of the I Additional Labour Court, Bangalore and for other reliefs.

(2.) It is the case of the petitioners that respondent (H.S. Srinivasa Murthy) was appointed on 30.11.1989 as Junior Assistant in BMTC. By an order dated 06.07.1998, he was transferred from Computer Section of BMTC to BMTC Depot No.14 on administrative grounds and was relieved on 09.07.1998. Again, he was transferred to KSRTC, Bellary Division by an order dated 11.01.1999. But, later, on the request made by the workman to the petitioners to retransfer him from KSRTC Bellary division to BMTC on the ground that his wife is a State Government servant in the Health Department, he was re-transferred to Bangalore Central Division, KSRTC on 09.04.1999. The said order of transfer stipulated a condition that as per Circular No.844 dated 16.11.1991 of the Petitioner - Corporation, the workman gets seniority from the date of his report to duty at Bangalore Central Division. The workman without raising any objection to the said condition, reported for duty at the transferred place. Thereafter, the respondent raised a dispute, praying to protect his seniority from the date of his joining service on 30.11.1989 in BMTC at Bangalore. The Government of Karnataka, vide order dated 20.12.2003, referred the dispute between the parties to the III Additional Labour Court, Bangalore for adjudication, which came to be registered as Ref. No.1/2004 and thereafter, by notification dated 29.11.2005 of Government of Karnataka, the said case was transferred to I Additional Labour Court, Bangalore, wherein it was registered as Ref. No.113/2006. Pursuant to which, the respondent filed his claim statement and the petitioners filed their Counter statement.

(3.) Before the Labour Court, the petitioners examined their Administrative Officer as MW1 and got marked the documents - Exhibits M-1 to M-7 on their behalf. The workman was examined as WW-1 and got marked Exhibit Nos.W-1 to W-11 on his behalf.