KARNATAKA STATE ROAD Vs. K.B.REVEGOWDA

JUDGEMENT

(1.) This writ petition is filed by the Corporation feeling aggrieved of the award dated 12.09.2013 passed by the Industrial Tribunal, at Mysore in Reference No.161/2010 allowing the same and restoring the withheld benefits in favour of the respondent. The petitioner had imposed punishment of withholding two increments with cumulative effect and to recover one month's salary.

(2.) The facts of the case are that while the respondent was driving the bus belonging to the petitioner on 20.5.2005, at about 6.10 a.m. the bus dashed to the parked lorry. The lorry was parked due to repair. Article of charge was issued that the cleaner of the lorry sustained injuries and that he died on the spot, major damage was caused to the bus to the tune of Rs.1,26,792/- and that the respondent was responsible for that accident.

(3.) The defence of the respondent was that lorry was parked without signal or kept stone around it to show that the lorry was under repair. It was a snow falling time, there was no proper indication and also defect in the brake system, the bus slightly touched the lorry. There was no death or injury caused to any passenger. The respondent himself injured and took treatment.