DIVISIONAL CONTROLLER NEKRTC, VIJAYAPUR DIVN , VIJAYAPUR Vs. RAGHAVENDRA

JUDGEMENT

(1.) These are intra Court appeals filed under Section 4 of the Karnataka High Court Act, 1961 by the appellant- Corporation, challenging the order of the learned Single Judge dated 16.11.2015 passed in Writ Petition No.81922/2011 and allied matters.

(2.) The respondent herein was appointed as Conductor in the appellant-Corporation at Vijayapur Division. The appellant-Corporation dismissed the respondent-workman from service on the charges of pilferage alleged to have been committed by him. Against the order of dismissal passed by the Corporation, the respondent-workman had raised a dispute in KID No.42/2010 before the Labour Court, which came to be set aside by the award passed by the Labour Court on 25.11.2010, accepting the primary ground raised by the respondent-workman that no approval was obtained by the appellant-Corporation under Section 33(2)(b) of the Industrial Disputes Act, 1947 ('Act' for short) before passing the order of dismissal against the workman, albeit I.D.No.121/2009 and I.D.No.126/2009 were pending before the Industrial Tribunal, Hubli. Both the workman and the Corporation had challenged the award before this Court in Writ Petition No.81922/2011 C/W Writ Petition No.80782/2011, which came to be disposed of by this Court at the first instance by the order dated 07.08.2012, whereby the writ petition filed by the management- Corporation was dismissed. However, the writ petition filed by the conductor-workman was allowed in part and the award of the Labour Court was modified, directing reinstatement with 25% backwages.

(3.) Aggrieved by the same, appellant-Corporation had filed Writ Appeal No.200404/2014, wherein, the Division Bench of this Court by order dated 01.09.2014 was pleased to set aside the order passed by the learned Single Judge and remitted the matter for reconsideration. Pursuant to which, learned Single Judge reconsidered the matter and partly allowed the writ petition filed by the respondent-workman, observing that the earlier view taken by the learned Single Judge while disposing of the petitions is justifiable. Accordingly, the impugned award dated 25.11.2010 in KID No.42/2010 has been modified, directing reinstatement of the respondent-workman with 25% backwages, dismissing the writ petition filed by the appellant-Corporation.