- (1.)This appeal by the North East Karnataka Road Transport Corporation aggrieved by the Order dated 26.07.2011 passed by the learned single Judge of this court in WP No.82295/2011, dismissing the writ petition of the Corporation which in turn was directed against an Award of the Labour Court, Gulbarga dated 8.4.2010 passed in KID No.107/2007.
(2.)Under the impugned order, the Labour Court had on an application filed by the workman under section 10[4-A] of the Industrial Disputes Act, 1947, had opined that proceedings of the Disciplinary Authority in the Management Corporation resulting in an order of dismissal of workman on two charges, namely, non issue of tickets to fifteen passengers after collection of fare and that the workman was already involved in about 63 past cases of non issue of tickets or pilferage and in 59 of such cases had suffered minor punishments etc., was not sustainable as it was found that the domestic enquiry was not fair and proper and therefore set aside the order of dismissal and had allowed the Management to lead evidence to make good the charges independently before the Labour Court.
(3.)The Management led evidence and Labour Court on appreciating such evidence, while found the first charge proved on the admission of the workman himself, about non issue of tickets, second charge was held not proved for not placing commensurate material and therefore found that the punishment of dismissal of service on the proving of the first charge alone is a harsh punishment and proceeded to modify the punishment of dismissal from service into one of stoppage of four increments with cumulative effect and directed reinstatement of the workman into service, but without back wages.