K SHASHIDHAR Vs. MANAGING DIRECTOR BESCOM BANGALORE

JUDGEMENT

(1.) THE award dated 21-2-2006 in ref. No. 75/2004 is called in question by the workman.

(2.) THE workman sought for reference against the dismissal order passed against him on 31-3-2001. The respondent had dispensed the enquiry by invoking the provisions of clause 14 sub-clause (iii) of the KEB Employees (CDC and A) Regulations, 1987 and had passed an order of dismissal. Against the said order of dismissal, the petitioner had filed writ Petition No. 3844/1999. The said Writ petition was allowed and the order of punishment was quashed. However, liberty was given to the respondent to pass appropriate resolution as contemplated under the Regulation 14 (iii)of the Regulation. Thereafter, the board passed a resolution inter alia, observing that, it is not expedient to hold a detailed enquiry by following the procedure laid down under the Regulations 11, 12 and 13 of the said Regulation and directed the Disciplinary authority to pass such orders as deemed fit as contemplated under Regulation 14 of the said Regulation. The Disciplinary Authority invoking the said provision relying on the admission alleged to have been made by the petitioner and others before the Investigating officer and also recovery of amount and duplicate key by the police during investigation, passed an order of dismissal against the petitioner and others. Against the said order, the petitioner sought for reference of a dispute.

(3.) THE Labour Court observing that, Board has pass a resolution authorizing the Disciplinary authority to dispense the detailed enquiry and by relying on the judgmente of the apex Court reported in AIR 1996 SC 1065 in the matter of Hari Pada Khan v. Union of india observed that; the charge is very serious and the petitioner and others have admitted the charge. In the light of the admission, the disciplinary Authority is justified in passing the order of dismissal.