- (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a Division Bench of the Karnataka High Court in the writ appeal No. 3830/2005 dismissing appeal against the order of learned single Judge in Writ Petition No. 17519/2000. The writ appeal was dismissed as not maintainable and, therefore, the challenge in the present is essential to the order of learned single Judge.
(3.) Background facts in a nutshell are as follows : Respondent-Conductor was commissioning as such in Bus No. F-16 on 15-9-1993 when the bus was intercepted by the checking staff. It was found that the respondent had not issued tickets to 20 out of 136 passengers. Appellant conducted domestic enquiry which found him guilty. Consequently, he was dismissed from service vide order dated 3-4-1995. The same was challenged by the respondent before the Labour Court invoking Section 10(4-A) of the Industrial Disputes Act, 1947 (in short the 'Act'). The Labour Court held that the domestic inquiry was fair and proper on the basis of the memorandum filed by the respondent conceding to the fairness of the domestic inquiry. However, the Labour Court set aside the order of dismissal and directed reinstatement of respondent with full back wages, continuity of service and other consequential benefits. The basis for this order was non checking of cash bag of the respondent and non-examination of ticketless passengers. The order was challenged before the High Court. By order dated 21-10-2005, the learned single Judge held that the order was correct so far as setting aside dismissal order is concerned, direction for reinstatement and continuity of service and consequential benefits. However, the direction relating to back wages was set aside. The writ appeal as noted above, was dismissed on the ground that the same was not maintainable.;