M R MOHAN Vs. DIVISIONAL CONTROLLER KSRTC DAVANAGERE

JUDGEMENT

(1.) This writ petition is filed by the workman being aggrieved of the order 9.03.2015 passed by the Industrial Tribunal, Hubballi in I D No.240/2012 confirming the punishment of withholding one ensuing annual increment with cumulative effect.

(2.) The facts to be stated in brief are that on 14.05.1996 when the petitioner was discharging his duties as a Conductor in Vehicle bearing No.F-0056 on the route from Nayakana Hatti to Chitradurga it was found that he had failed to issue 10 tickets of Rs. 1.25 to 10 passengers and failed to collect fare amount. The petitioner replied the articles of charge contending that he had in fact issued tickets and also collected the fare amount, but the passengers had lost the tickets. However, the disciplinary authority imposed penalty of withholding one increment with cumulative effect without conducting any enquiry. The punishment order was not communicated to the petitioner. He came to know of the same only in the year 2011. Immediately, he filed appeal before the appellate authority, but the appellate authority neither considered his appeal nor passed any orders. Hence he raised an industrial dispute which ended in failure and consequently referred to Industrial Tribunal, Hubballi for adjudication.

(3.) Before the Tribunal, the respondent examined one witness as MW-1 and marked 9 documents as Ex.M1 to M9. It is stated that the Tribunal did not extend opportunity to the petitioner to lead evidence both on the question of delay and merits, but rejected the reference. Hence this writ petition.