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Judgment
Subhash B. Adi
Though the matter is listed for orders regarding payment of process fee, it is considered on merit. This writ petition is by the Corporation against the order passed by the Industrial Tribunal, Mysore, in Reference No. 156/2007 dated 12.04.2011 produced at Annexure `D` as well as the final award dated 17.09.2011 produced at Annexure `F''.
The respondent - workman was punished with minor punishment by reducing two annual increments with cumulative effect.
The Industrial Tribunal, by the impugned order at Annexure `D` held that, the enquiry is not fair and proper and allowed the management to lead evidence. From the evidence of the management, it was clear that, as many as 150 Conductors and Drivers abstained from work. However, punishment was imposed against the respondent and two others. Even the evidence produced by the Corporation did not prove any allegation made against the respondent. Having regard to these circumstances, the Labour Court found that, the Corporation has failed to prove the charge. The case of the respondent was that, there was a quarrel between a Tempo Driver and a Bus Conductor and since Bus Conductor was assaulted, all the Bus Conductors and the Drivers present in the Depot abstained from duty and took procession to the Tahsildar''s office to give a memorandum. It is in this regard, the charge was framed against the respondent. When there was a group of 150 Conductors and drivers, who had abstained from work and took part in the procession, the Corporation was not justified in picking up only respondent and two others for the alleged misconduct. I do not find that, there is any error in the impugned order and award passed by the Industrial Tribunal.
Accordingly, the petition stands dismissed.