REGIONAL MANAGER Vs. V. KURMAIAH

JUDGEMENT

(1.) The present writ appeal is arising out of the order dtd. 03/10/2018 passed by the learned Single Judge in W.P.No.21340 of 2005.

(2.) The undisputed facts of the case reveal that the respondent/writ petitioner was appointed as a Conductor on 01/11/1987 and he was removed from service on 30.06.1992 alleging cash and ticket irregularities. The respondent/writ petitioner took shelter of the Labour Court and the Labour Court in I.D.No.777 of 1993 on 13/11/1996 allowed the prayer of the respondent/writ petitioner and directed his reinstatement into service with all consequential benefits, however without back wages. He was reinstated in the month of February, 1997. However, he was not granted 12 years stagnation increment and therefore, he submitted a representation to the Corporation. The representation of the respondent/writ petitioner was considered by the Corporation and rejected by order dtd. 16.11.2001. The respondent/writ petitioner, being aggrieved by the rejection of his representation, came up before this court and the learned Single Judge has allowed the writ petition directing the present appellant/employer to grant him stagnation increment.

(3.) The order of removal was challenged by the respondent/writ petitioner and an award was passed by the Labour Court on 13/11/1996. The award is on record and paragraphs 8, 9 and 10 of the award read as under:- 8. POINT No.2: As per my finding above as the charge No.2 is not clearly established and the other charges are purely technical the punishment of removal is not proportionate to the misconduct committed by the petitioner. 9. IN THE RESULT the Award is passed (1) setting aside the order of removal passed against the petitioner (2) and directing the respondent to reinstate the petitioner into service with continuity of service with all attendant benefits but without back wages. 10. The Award shall be implemented within 50 days from the date of publication of the Award.