NORTH EASTERN KARNATAKA R T CORPN Vs. ASHAPPA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against a judgment and order dated 2-03-2005 passed by the Karnataka High Court in Writ Appeal No. 3976 of 2002 whereby and whereunder the writ appeal filed by the Appellant herein from a judgment and order dated 11-06-2002 passed by a learned single Judge of the said High Court in W.P. No. 25259 of 1999 was dismissed.

(3.) The Respondent was working as a conductor. He remained unauthorisedly absent from 27-11-1990 to 02-12-1990. He did not report for duty with effect from 16-05-1992. His leave records were seen and it was found that he had repeatedly remained unauthorisedly absent. On the aforementioned charges, a departmental proceeding was initiated against him. He was found guilty of commission of the said misconduct and was directed to be dismissed from service by an order dated 6-08-1994. He raised an industrial dispute in relation to the said order of dismissal from service culminating in a reference being made by the Government of Karnataka to Labour Court, Gulbarga for resolution of the said dispute. A preliminary issue was raised before the Labour Court and by a judgment and order dated 30-04-1996, it was found that the disciplinary proceedings held as against the Respondent was not fair and legal. The parties thereafter adduced their respective evidence before the Labour Court. By an award dated 28-06-1996, it was held that the Respondent remained absent from 27-11-1990 to 02-12-1993 and, thus, committed a misconduct. It was, however, opined: