SRI. BHIMAPPA Vs. THE MANAGEMENT OF NWKRTC

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondent.

(2.) Petitioner admittedly was working as Conductor in the respondent-Corporation from 14.03.1986. He remained absent unauthorizedly from 19.01.2001 and in spite of giving notices to him, he did not join duty up to 24.05.2001. He joined duty on 24.05.2001 and thereafter, articles of charges were served upon him by appointing an Enquiry Officer. The enquiry was conducted against him and thereafter, the Enquiry Officer found him guilty of the misconduct holding that, the said period was not properly explained by the petitioner and as such, that period held to be unauthorized. The disciplinary authority, the respondent herein has considered the Enquiry Officer's report and thereafter, found that, it is a fit case to impose a penalty, an order of dismissal from service.

(3.) The said order of dismissal was challenged by way of reference made by the State Government dated 18.10.2004 before the Labour Court. The dismissal order was passed by the respondent on 16.01.2002. The Labour Court in fact vide order dated 14.07.2008 itself passed an order answering preliminary point with reference to fairness of the enquiry conducted by the respondent holding that the domestic enquiry was fair and proper, thereafter, the Labour Court proceeded to decide the matter on merits. The said order was not called in question at that time, but it is also questioned in this writ petition. It is also notable point that, the petitioner did not lead any evidence before the Labour Court, but respondent-management has produced 25 documents, for which the petitioner has consented for marking of those documents and accordingly, they were marked as Exs.M1 to M25. No further oral evidence is adduced before the Labour Court.