KARNATAKA STATE ROAD TRANSPORT CORPORATION Vs. P. SANNASWAMY S/O PUTTANACHARY

JUDGEMENT

(1.) IN this writ petition, the Petitioner has prayed for a writ in the nature of certiorari to quash the award dt. 27.1.2009 in ID No. 213/1998 passed by the Labour Court at Mysore directing reinstatement of the Respondent with 25% back wages and costs of Rs. 2000/ -.

(2.) THE Respondent is a trainee conductor in the Petitioners -Corporation. On 1.5.1993 when the Respondent was conducting the bus on the route from Mandya to Pandavapura, checking squad of the Corporation conducted a check and found that despite collecting fare from 15 passengers at the denomination of Rs. 1.25 from each of them, failed to issue tickets and further failed to close the entry before the stage point. For this misconduct, articles of charges were issued, enquiry was held and on 29.10.1998 an order dismissing the Respondent from service came to be passed.

(3.) THE Labour Court by order dt. 10.3.2003 held that the domestic enquiry as fair and proper. The Respondent being aggrieved by this order of the Labour Court on domestic enquiry, approached this Court in W.P. No. 8345/2005 and the same came to be allowed vide order dt. 12.6.2007 holding that the domestic enquiry as not fair and proper. Thereafter the Petitioners examined one witness and got marked Ex. M1 to 6. The Respondent got examined himself as WW1 and got marked Ex. W1 to W4. The Labour Court on appreciation of the pleadings, oral and documentary evidence held that: the Petitioners failed to prove the charge levelled against the Respondent, consequently under the impugned order directed reinstatement with 25% back wages and costs. Hence this writ petition.