SAMIULLAHKHAN Vs. LABOUR COURT GODAVARIKHANI

JUDGEMENT

(1.) The Writ Petitioner assails the Award of the Labour Court, Godavarikhani in I.D.No.138 of 1990, dated 15-10-1990.

(2.) The Petitioner was appointed as driver in the Corporation. He was on duty on 5-3-1989 and 6-3-1989 on the route Godavarikhani-Borlagudem. A charge sheet was issued to him with the following charges: 1) For having driven the vehicle AAZ 5676 on 6-3-89 onroute Borlagudem- Godavarikhani in a drunken condition. 2) For having detained the vehicle No.AAZ 5676 on 6-3-89 at Koyyur thereby causing inconvenience to the travellingpublic. After conducting the enquiry, the petitioner was removed from service by orders dated:31-8-1989. After availing the appeal remedy unsuccessfully, the petitioner raised Industrial Dispute before the 1 st respondent in I.D. No. 138/90. The Tribunal found the charges against the petitioner proved and accordingly passed an Award on 15-10-1990 confirming the order of the removal of the petitioner passed by the Respondents.

(3.) In this case, it has to be noted that the petitioner filed Memo dated 19-9-1990 after giving notice to otherside requesting the Labour Court to decide the industrial dispute on the material available and on merits under Section 11-A of the Industrial Disputes Act. Therefore, the arguments were heard on merits as the petitioner did not challenge the validity of the enquiry conducted by the management.