HULUVADI G.RAMESH, J. - (1.) THE petitioner has sought for issuance of writ of certiorari quashing the award dated 7 -3 -2008 passed m Reference No. 45/2004 by the Principal Labour Court. Hubli.
(2.) THE petitioner - Corporation contended that the respondent was working as a conductor in the establishment of petitioner - Corporation since March, 1976. He remained unauthorised absent from 1.1.1994 to 2.6.1994 without intimating the Management. He was issued with a notice directing him to join for duties within three days from the date of receipt of the notice and inspite of receiving the same he remained unauthorised absent. The unauthorised absence was reported. On the basis of the report, the disciplinary authority issued article of charges to the respondent and he submitted his reply to the same. The disciplinary authority after perusal of the relevant materials on record and assessing the evidence held that the respondent was guilty of charges and dismissed the respondent from service. The respondent sought for reference under Section 10(1)(c) of the Industrial Disputes Act. for adjudication of the dispute. The Labour Court after holding enquiry, came to the conclusion that the order of dismissal was too harsh and directed the petitioner - Corporation to reinstate the respondent into service with 50% backwages, continuity of service and all other consequential benefits. Being not satisfied with the award of the Labour Court, the petitioner - Corporation is before this Court.
(3.) HEARD the learned Counsel for the respective parties.;