DIVISIONAL CONTROLLER, BMTC Vs. N MANJUNATH

JUDGEMENT

(1.) Respondent-Workman was charge sheeted that he was having excess amount of Rs. 650/- when he was checked and an enquiry was initiated by the appointing Enquiry Officer. Enquiry has been held and it is reported that the charge has been proved. The petitioner has been dismissed from service. He had approached the Labour Court, Bangalore in ID No.49 of 2013. The Labour Court, by its order dated 28th November 2014 set aside the order of dismissal and directed the petitioner herein to reinstate the respondent into service without backwages with reduction of two annual increments with cumulative effect. The said order has been challenged in this petition.

(2.) The grounds taken by the petitioner is that the finding of the Labour Court is perverse and contradictory to law. The issue has been framed by the Labour Court to effect as to whether the enquiry held is fair and proper. The said issue has been answered in favour of the management to the effect that the enquiry held is fair and proper. When it is held that the enquiry held is fair and proper, the Labour Court is seized of its power to improve by modifying the order of punishment. After holding due enquiry when it was found that the workman has committed offence and for the possession of excess amount he had no answer; the same has been proved in the enquiry. Before the Labour Court also the petitioner has examined documents Exhibits M1 to M17 and has led evidence of MWs 1 and Despite the fact that the charge has been proved and even the Labour Court holding that the enquiry is fair and proper, the order of directing reinstatement is bad in law.

(3.) The learned counsel for the respondent supports the impugned order and prays for dismissal of the petitioner.