DIVISIONAL CONTROLLER NEKRTC Vs. NILOBA

JUDGEMENT

(1.) This is an intra Court appeal filed under Section 4 of the Karnataka High Court Act, 1961 by the appellant- Corporation, challenging the order of the learned Single Judge dated 03.06.2013 passed in Writ Petition No.82788/2012.

(2.) The respondent herein was appointed as driver in the appellant-Corporation at Bagalkot Division. The appellant-Corporation dismissed the respondent-workman from service on the charges of unauthorized absenteeism. Against the order of dismissal passed by the Corporation, the respondent-workman had raised a dispute in K.I.D. No.38/2011 before the Labour Court, which came to be set aside by the award passed by the Labour Court on 05.11.2011 holding that domestic enquiry conducted by the management-corporation against the claimantworkman is not just, fair and proper. The corporation was directed to reinstate the workman into services with continuity of service, with full back wages and all other consequential benefits.

(3.) Aggrieved by the same, appellant-Corporation had filed Writ Petition No.82788/2012. The learned Single Judge has observed that indisputably the termination of service of the workman by order dated 22.02.2011 not being preceded by permission under Section 33(2)(b) of the Act and in the light of the Constitutional Bench decision in Jaipur Zila Sahakari Bhoomi Vikas Bank Ltd. supra, writ petition deserves to be dismissed. However, on the submission made by the learned counsel for the workman that the workman would be willing to give up 75% of backwages, the award of the Labour Court dated 05.11.2011 was modified entitling the workman to 25% backwages and in all other respects confirming the award of the Labour Court.