H S RAVINDRAIAH Vs. DIVISIONAL CONTROLLER, KSRTC, DAVANAGERE

JUDGEMENT

(1.) Though the matter is listed for preliminary hearing in 'B' Group, by consent of learned Advocates appearing for both parties, matter is taken up for final disposal.

(2.) This writ petition is filed by the workman/petitioner calling in question the award dated 27.04.2015 passed by the Industrial Tribunal, Hubli (for short 'tribunal') in I.D.179/2012 whereunder reference made under Section 10(1)(d) of the Industrial Disputes Act, 1947 by the appropriate Government has been rejected both on the issue of delay in raising the dispute as well as on merits.

(3.) Petitioner was selected and appointed as conductor by respondent-Corporation on 14.07.1986 and he was administering the bus bearing No.F-1301 as conductor on route Gokak to Davanagere. It was found by the checking squad on 27.01.1995 that petitioner -workman had failed to issue ticket to one passenger who was travelling from Dharwad to Haveri and had failed to collect fare of Rs. 19 from him. Hence, a report was prepared by officials of checking squad and submitted to the disciplinary authority. Disciplinary authority on the basis of report submitted by the checking squad issued Articles of charges to the petitioner and there being no reply submitted by the petitioner, disciplinary authority imposed punishment whereby it reduced basic pay to one increment with cumulative effect by order dated 10.06.1996. Subsequently, petitioner did not take any steps to challenge the said order of punishment. However, in the year 2011-2012 through Trade Union, a dispute came to be raised before the authority and appropriate Government on receiving failure report from the conciliation officer, made reference to the jurisdictional Industrial Tribunal for adjudication of the dispute and tribunal framed following issues for its determination: