- (1.) The appellant by way of special leave petition is challenging the judgment of the High Court of Karnataka whereby the High Court dismissed the writ appeal filed by the appellant-Corporation confirming the judgment of the learned single Judge as well as the award of the Additional Labour Court, Hubli whereby the appellant-Corporation was directed to reinstate the respondent in service with full back wages and continuity of service and other consequential benefits. Brief facts necessary for the disposal of the case are as follows:- The respondent was working as a conductor in the Chikodi depot of the appellant-Corporation. On 31st May, 1999 when the bus in which he was on duty returned back to the depot after its trip from Haragiri to Chikodi, on a surprise check he was found be in possession of unaccounted money of Rs. 93/- over and above the amount equivalent to the tickets issued by him. Under Regulation applicable to the respondent, the respondent was not to carry more than Rs. 5/- as his personal money while on duty so as to obviate the defence of the delinquent conductors that the excess money was their personal money. Basing on these facts the appellant drew an inference that this excess amount of Rs. 93/- was the amount collected by the respondent from the passengers without issuing any tickets or issuing tickets of lesser denomination than that was issued. On the said investigation report, the departmental enquiry was instituted against the respondent and having found guilty of the said charge, the disciplinary authority awarded the punishment of dismissal.
(2.) Being aggrieved by the said order, respondent preferred a claim before the Additional Labour Court, Hubli praying for setting aside the order of dismissal and for reinstatement with consequential benefits. The Labour Court after hearing the parties concerned came to the conclusion that the inquiry conducted by the Management was fair and proper. However, it came to the conclusion that the only charge against the respondent was being in possession of Rs. 93/- which was in excess of the sale of tickets, no presumption could be drawn that it was an amount received by non-issuance of tickets to passengers. It held that the Corporation ought to have examined the passengers from whom such amount was collected without issuing tickets or issuing tickets of lesser denomination. Since, the same was not done, the Labour Court came to the conclusion that the order of dismissal was uncalled for and as also highly disproportionate compared with the smallness of the amount. Hence, it made the award directing the reinstatement of the respondent with full back-wages and continuity of service and other consequential benefits.
(3.) XX XX XX;