EXECUTIVE ENGINEER ELECTRICAL Vs. A B SHANTHAGIRI

JUDGEMENT

(1.) THIS petition is field under Articles 226 and 227 of the Constitution of india to issue a writ of certiorari or any other appropriate writ, order or direction to quash the award dated 17-5-1990 passed in Reference No. ID 180 of 1986 (Annexure-A) and pass such other reliefs.

(2.) THE brief facts of the case are: the 1st respondent was appointed by the petitioner as TTR driver on daily wages by an Order No. YG/f. 35/6711-13, dated 21-1-1981 for a period of 3 months subject to certain conditions incorporated therein. He reported for duty on 21-1-1981 and was driving jeep bearing No. MER 3013. On 29-4-1981 at 10. 05 a. m. the jeep met with an accident due to rash and negligent driving by the respondent. The Police Sub-Inspector, Ambika Nagar after conducting investigation filed a charge sheet against the respondent before the jmfc Court, Haliyal. The driver was arrested by the police and was later released on bail. On 13-5-1981 he was terminated from service. Subsequently the Criminal Court has acquitted him and thereafter he made an application on 11-7-1983 for appointment which was rejected. The petitioner issued an endorsement No. YG/f 35/2306, dated 15-7-1983 stating that due to his negligence of duties, the vehicle met with the accident causing heavy damages to the vehicle, etc. Hence the respondent raised conciliation proceedings. As the conciliation proceedings failed, the matter was referred to the Labour Court in Ref. No. ID 180 of 1986. The 2nd respondent after recording evidence has held that the respondent 1 is entitled to be reinstated in service together with full back wages from 13-5-1981 till the date of reinstatement and also other consequential benefits. This order is questioned in this petition.

(3.) HEARD the learned Counsel for the petitioner and the learned counsel for the respondents.