H S RAVINDRAIAH Vs. DIVISIONAL CONTROLLER, KSTRC

JUDGEMENT

(1.) Though the matter is listed for preliminary hearing in 'B' Group, by consent of learned Advocates appearing for parties, matter is taken up for final disposal.

(2.) This writ petition is filed by the workman/petitioner calling in question the award dated 16.05.2014 passed by the Industrial Tribunal, Hubli (for short 'tribunal') in I.D. 30/2013 whereunder reference made under Section 10(1)(d) of the Industrial Disputes Act, 1947 by the appropriate Government has been rejected both on the issue of delay in raising the dispute as well as on merits.

(3.) Petitioner was selected and appointed as conductor by respondent-Corporation on 14.07.1986 and he was administering the bus bearing No. F-2315 as conductor on route Tumminakatte to Davanagere. It was found by the checking squad that petitioner - workman had failed to issue tickets to three passengers who were travelling from Tumminakatte stage No. 9 to Sirigere cross stage No. 6 and had failed to collect fare of Rs. 7/- each from them. Hence, a report was prepared by the officials of checking squad and submitted to the disciplinary authority. Disciplinary authority on the basis of report submitted by the checking squad issued Articles of charges to the petitioner and there being no reply received from the petitioner, disciplinary authority imposed minor punishment and reduced his basic pay to one increment for a period of one year without cumulative effect by order dated 30.08.200 Subsequently, petitioner did not take any steps to challenge the said order of punishment. However, after 8 years i.e., during February, 2012 through Trade Union, a dispute came to be raised before the authority and appropriate Government made reference to the jurisdictional Industrial Tribunal for adjudication of said reference, which was as under: