R GANGADHARA NAIK Vs. THE CHIEF TRAFFIC MANAGER

JUDGEMENT

(1.) This writ petition is filed by the petitioner - workman being aggrieved of the award dated 13.10.2009 in I D No.106/2002 passed by the III Additional Labour Court, Bangalore.

(2.) The petitioner filed the said dispute to set aside the order of dismissal and to direct the respondent to reinstate him with continuity of service and back wages and also to treat the suspension period as on duty, which came to be dismissed.

(3.) On 12.7.2001 when the petitioner was on duty on City Market to Samasundarapalya route No.347-D, it was subjected to check at Lalbagh North Gate. It is stated, the checking staff forcibly obtained signature of the petitioner on blank passengers statements and issued a charge memo that he reissued 24 tickets of different denomination and failed to issue tickets to 3 passengers and collected fare. The respondent initiated domestic enquiry. The petitioner pointed out patent illegality in the enquiry and perversity of the findings, but the respondent without assessing the evidence in an impartial manner accepted the enquiry report and by the order dated 9.1.2002 dismissed the petitioner from service. The statutory appeal filed by the petitioner was also dismissed.