DIVISIONAL CONTROLLER OF KSRTC Vs. S.C. KARIGOWDA

JUDGEMENT

(1.) The petitioners in both these petitions are assailing the very same award dated 22.03.2014 passed by the Industrial Tribunal in I.D. No. 19/2011. The petitioner in W.P. No. 45950/2014 is the employer who is aggrieved by the award whereby the industrial Tribunal has modified the punishment imposed on the respondent to withholding one increment without cumulative effect. The petitioner in W. P. No. 44922/2014 is the employee concerned, who is aggrieved by the very same award in so far as imposing the alternate, modified punishment and the petitioner therein contends that the Industrial Tribunal ought to have set aside the punishment imposed by the employer in its entirety.

(2.) For the purpose of convenience, the parties are referred to as the employer and the employee, where ever the context so requires, since they are arrayed differently in these two petitions.

(3.) The employee is working as a driver in the employer-Corporation. On 16.10.2009, a punishment was imposed on the employee, where under, the employer apart from ordering recovery of Rs. 10,000/- in ten installments towards the damage caused to the bus, had also imposed the punishment of withholding two increments with, cumulative effect. The said punishment was imposed since the employee while driving the bus bearing registration No. KA-01-F-8464, on 14.05.2008, on the route from Bengaluru to Chikkamagaluru, had caused accident, whereby, the bus had suffered damage. In the enquiry held against the employee, the charge alleged was proved and ultimately the punishment was imposed. The employee claiming to be aggrieved, had raised a dispute in I.D. No. 19/2011. The Industrial Tribunal while analyzing the evidence available before it, has arrived at the conclusion that the charge as proved against the employee is justified. However, it has arrived at a conclusion that the quantum of punishment is not proportionate and has accordingly modified the punishment.