DIVISIONAL CONTROLLER GSRTC Vs. C J RANA

JUDGEMENT

(1.) The respondent-workman is a driver of a ST bus. On 5th September, 1981, his bus met with an accident which resulted into death of a minor child of 11 years. In the departmental inquiry, he was dismissed by an order dated 6th March, 1982. His First Appeal came to be dismissed. His appeal before the second appellate authority came to be decided on 20th January, 1984 and punishment of dismissal was set aside and he was reinstated in service on his original pay scale and with continuity of service and without backwages. After four years, he raised industrial dispute and reference came to be made on 10th March, 1988.

(2.) The Labour Court allowed the reference and set aside the punishment and set aside the findings of the disciplinary authority. The Labour Court came to the conclusion that the disciplinary authority has erred in giving the finding of negligence.

(3.) The workman has been acquitted in a criminal case by the judgment dated 6th March, 1992. It is also not in dispute that in the MACP, the Corporation had to pay the compensation of Rs. 11,7927-.