CHANDRASHEKHAR Vs. DIVISIONAL CONTROLLER

JUDGEMENT

(1.) THIS writ petition is directed against the award in Ref. No.11/2009 dated 28.12.2010 passed by the Presiding Officer, Labour Court, Gulbarga.

(2.) THE petitioner had been working with the respondent Corporation as a Conductor. Disciplinary proceedings was initiated against him and it was alleged that he had failed to issue tickets and collect fare from ten passengers. After holding an enquiry, the Corporation dismissed him from service on 7.4.2007. The petitioner challenged the said order by filing a claim petition before the Labour Court in Ref. No.11/2009. The Labour Court has dismissed the said petition by its order at Annexure-B dated 28.12.2010.

(3.) IT is not in dispute that an industrial dispute relating to charter of demands in I.D.No.148/2005 in which the workman is concerned is pending before the Industrial Tribunal at Bangalore. The workman was dismissed from service during the pendency of the said dispute. It is also not in dispute that the Corporation has not complied with the statutory requirements contained in the proviso to Section 33(2)(b) of Industrial Disputes Act, 1947 (for short 'the Act') before passing the order of dismissal.