MANAGEMENT OF KSRTC, HASSAN DIVISION Vs. C. PRAKASH

JUDGEMENT

(1.) The petitioner-Corporation is before this Court assailing the award dated 31.12.2014 passed in I.D.A. No. 6/2012 impugned at Annexure-H to the petition.

(2.) The respondent herein was working as a 'Driver' in the petitioner-Corporation. On the allegation that he had remained unauthorisedly absent during the periods 19.05.2010 to 21.08.2010, action was initiated and enquiry was held, pursuant to which the dismissal order dated 10.02.2012 was passed. The respondent herein claiming to be aggrieved by the same had filed a dispute application under Sec. 10(4-A) of the Industrial Disputes Act, 1947 before the Presiding Officer, Labour Court, Chikkamagaluru. The Labour Court, on taking note of the rival contentions before it, had raised four points for its consideration. At the outset, the validity of the domestic enquiry held against the respondent herein was considered and it was held to be fair and proper. Thereafter, the Labour Court has considered the matter in detail to find out as to whether there is any perversity in the findings rendered by the Enquiry Officer in its consideration. Having taken note of the circumstance has arrived at the conclusion that the dismissal order would not be justified and has directed reinstatement of the respondent into his original post with continuity of service and all other consequential benefits with back wages to the extent of 50% from the date of dismissal till the date of reinstatement. The petitioner-Corporation claiming to be aggrieved by the same is before this Court in this petition.

(3.) The learned counsel for the petitioner while assailing the award would take me through the petition papers including the award pointing to the reasons assigned therein. In that regard, it is contended, when there was sufficient document available before the Court and the Labour Court had also taken note of the evidence of the Management through MW-1 and the documents marked at Ex-M 1 to Ex-M46, the conclusion ultimately arrived is not justified.