BASAVALINGACHARI Vs. THE CHIEF TRAFFIC MANAGER, BANGALORE METROPOLITAN TRANSPORT CORPORATION (BMTC) AND BANGALORE METROPOLITAN TRANSPORT CORPORATION, (BMTC) BY ITS MANAGING DIRECTOR

JUDGEMENT

(1.) THE petitioner has sought fox quashing the Award passed by the Labour Court in ID. No. 33/2003 dated 21 -11 -2007.

(2.) ALTHOUGH the petitioner was appointed as Conductor he became a member of the second petitioner Federation representing the Depot has Union leader. It is alleged that he had used abusive language against the Depot Manager. After serving the articles of charges, he replied to the same, but the ease wee rejected. On the basis of the Enquiry report, he wee dismissed front service during 2003. The workman raised a dispute under Section 10(4)(A) of the Industrial Disputes Act, 1947. The Labour Court after enquiry having found that the enquiry held is fair and proper, confirmed the order of dismissal holding that the I party workman used abusive language against the Depot Manager, Security Guards and ether persons. Hence, this petition by the workman.

(3.) ACCORDING to the submission of the learned Counsel for the petitioner, the workman has not boon cross -examined by the Management. If his statement is accepted, then necessarily the charges are not proved and the statement/evidence of the workman has not been refuted or denied. Accordingly sought to pass an order of reinstatement while setting aside the award passed by the Labour Court.