The Divisional Controller KSRTC, Davanagere Division vs Sri B.S. Mallad Retired Driver

Ram Mohan Reddy, J.—A Public Road Transport Corporation having engaged the respondent-workman as a driver, when found to have committed a misconduct of unauthorised absence, was issued with the articles of charge and the explanation when found to be not satisfactory, the Disciplinary Authority imposed the punishment of withholding one ensuing increment of the workman with cumulative by order dated 3.12.1997. The workman did not question the order immediately, but initiated conciliation proceedings during the year 2009, following which the State Government referred for adjudication the industrial dispute to the Industrial Tribunal at Hubli, registered as I.D. No. 118/2009. Although the workman did not lay a foundation, to explain, to the satisfaction of the Industrial Tribunal, the delay of 12 years in having the reference of the industrial dispute for adjudication, nevertheless the Labour Court having framed an issue over the delay answered the same in the light of the decision of the Apex Court in Karan Singh Vs. Executive Engineer Haryana State Marketing Board, . Petitioner-Corporation having placed material in support of the charge of unauthorised absence, for the first time before the Industrial Tribunal, was accepted as credible material and the charge held proved. However, the Industrial Tribunal observed that the punishment was too harsh calling for interference and accordingly, by the award impugned modified the punishment to withholding one increment for the year 1997 for a period of one year, without cumulative effect. Hence, this Writ Petition.

The facts, law and issues for decision making, in this petition, are identical to those that arose for consideration in Writ Petition No. 8297/2012 D.D. 16.9.2013 (The Divisional Controller, Karnataka State Road Transport Corporation -vs.- Sri. H G Basavegowda).

For the very same reasons, as set out in the order in W.P. No. 8297/2012, this petition is accordingly allowed. The award of the Industrial Tribunal is quashed. The reference by the State Government is rejected.