BANGALORE ELECTRICAL SUPPALY CO. LTD. (ERSTWHILE KPTC LTD.) BY ITS MANAGING DIRECTOR Vs. MR. V. SHIVA KUMAR S/O LATE VEERABHADRAPPA

JUDGEMENT

(1.) THESE two petitions have been filed - one by the workman and the other by the management, assailing the award passed by the Addl. Labour Court, Bangalore in ReO/2004.

(2.) THE workman was working under the management in Grade II. Alleging tampering of the member board so as to facilitate consumers (various establishments and hotels) to enjoy the benefit of excess units as against the actual units consumed, and making monthly collections, for unlawful gain, thereby causing pilferage and loss to the Department, after having kept the workman under suspension, relying upon the confession statement given by Die workman and being satisfied with the same, disciplinary authority imposed the punishment of dismissal. Aggrieved, the workman moved the Government seeking reference. Government raised the following points for reference: ...[Vernacular Text Ommitted]... and referred the matter to the Labour Court. Labour Court after inquiry, has come to the conclusion that the misconduct is not proved and also, without holding enquiry, the workman was dismissed from service. Having held that the misconduct has not been proved, ordered for reinstatement with 80% back wages. Aggrieved, management has filed WP 20838 / 2005 and challenging the denial of 20% back wages, the workman has filed WP 27 / 2006.

(3.) PER contra, counsel representing the workman submitted that as a matter of fact finding, the Labour Court has come to the conclusion that the statement of workman has been obtained under threat and coercion by the police and this aspect has not been disproved by any other cogent evidence. Further, no inquiry was held before penalising the workman much less notice was served on him before initiating action. The order of dismissal passed is without proof of the guilt on the part of the workman, ft is further submitted, in a case where a person is acquitted on merits in the prosecution, inevitably he has to be reinstated. The workman is acquitted on merits in the prosecution. The departmental inquiry also necessarily should obviate it and accordingly, sought for dismissal of &e petition filed by the management and for granting of full back wages.