MALABAR PUBLIC CONVEYANCE Vs. STATE ARBITRATION BOARD

JUDGEMENT

(1.) THE petitioner a firm registered under the Partnership Act engaged in motor transport industry seeks to quash the award of the State Arbitration Board, by which it had been directed to reinstate the third respondent, Lakshmanan, in the service of the management ; the Board had further directed that as a punishment for disobedience of instructions of the management he will not be eligible for backwages from the date of his dismissal upto the date of publication of the award. The reference to the Board was under Section 10a of the Industrial Disputes Act (for short the Act), It would appear that there was a domestic enquiry into the matter and it was on the basis of the finding in the domestic enquiry that the third respondent was sent out of service.

(2.) THE case against him was that while the 3rd respondent was a conductor in the petitioner's service, he was on duty in the petitioner's vehicle KLC 2108 conducting service on the route Tellicherry to Badagara. The checking inspector checked the vehicle on 22-5-1974 at Azhiyoor Chungam. The checking inspector found that ticket was not issued to one of the passengers who was said to be a driver of another transport company - Malabar Roadways Service. The third respondent not only refused to issue the ticket to the passenger but behaved rudely towards the checking inspector, snatched away the tickets pad and invoice from his hands. It is alleged that the checking inspector reported the incident to the petitioner. Thereupon a show-cause notice was issued to the third respondent. After he submitted his explanation, a charge memo was issued to the third respondent. The charge against him being :

(3.) THE domestic enquiry was with notice to the 3rd respondent. The enquiry officer found the third respondent guilty of all the charges levelled against him and submitted his report accordingly. Accepting the findings in the report the petitioner dismissed the third respondent. 2nd respondent-union, of which the third respondent was a member raised an industrial dispute in the matter. The parties-petitioner and the 2nd respondent agreed that the matter could be referred for arbitration by the 1st respondent-State Arbitration Board-under Section 10a of the Act. Accordingly the matter came before the 1st respondent who gave the award dated 9th August 1976, which was published in the Kerala Gazette on 21st September, 1976.