DATTATREYA S/O GUNDUBHAT JOSHI Vs. NORTH EAST KARNATAKA ROAD TRANSPORT CORPORATION THROUGH ITS MANAGING DIRECTOR SARIGE SADAN

JUDGEMENT

(1.) A short question arises for consideration in this intra court appeal. Hence, with the consent of learned counsel for both parties, the same is taken up for final disposal, though the matter is listed for admission.

(2.) Appellant is a conductor working under the North East Karnataka Road Transport Corporation. On the allegation that he had failed to issue tickets to 15 passengers travelling from Katti Sangavi Mahalaxmi Temple to Jewargi, an enquiry was held against him. He was dismissed from service on 28.01.200 Appellant raised a dispute before the Labour Court. The reference was dismissed holding that charges had been proved. Writ petition filed against the said order of the Labour Court was allowed by the learned Single Judge on 10th June 2011.

(3.) The learned Single Judge on overall consideration of the facts and evidence on record, found that as per the version of the workman, 15 passengers had refused to pay the fare and there was a quarrel; the bus was being taken to the Police Station and at that stage, Checking Staff boarded the bus and that the said version of the workman and the driver, who testified to that effect remained unchallenged, as they were not cross-examined by the Management. In the above circumstances, the learned Single Judge found that as there was a group of large number of passengers, who boarded the bus and in a very short gap of time the Checking Staff had checked the bus, contention of the workman that normal rule of "issue and start" could not be adhered to had to be accepted. Having recorded such a finding, the writ petition was disposed of by issuing the following direction: