High Court Karnataka High Court

H L Surendra vs The Karnataka State Road … on 27 July, 2009

Karnataka High Court
H L Surendra vs The Karnataka State Road … on 27 July, 2009
Author: Huluvadi G.Ramesh
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T  '"* Petitim1 is by me workman assailing the award passed by the

  . V  " muamal tribunai, Mysore in Remzs/2002.

IN THE men coungr 01$ KARNATAKA AT BANGALORE  _
Dated this the 27*' day orsuiy, 2909 J
Before V
my HUMBLE MR Jvsmrs Hvzzzvwg G;     u

may Puma' ' a 20147; 22905 :j(L.,§)     

By Sri H L Sutcndra, 53 yrs

Sic iate H M Lingappa "
Driver, KSRTC; Hassan Depot &,----Divisio1:-"" ~. L '--
Rfa if 14, Rajaghatla, near Railway Station _ V " ~

(By Ms Subbarao & Co.5'A§iv.)   % I'; V

And:

Kamataka stém mad' 
By the Division:s1_Controi1er   _ _ '
Hassan   V    Rmpondent

 »  Writ 'Péfizion is filed under A.rt.226:'227 of the Constitution
paying .85  *fl1s._a§am'd dated 3.112604 in Ref. 12323002 by the

  ?'éiition coming on for hearing this day, the Court made the

ORDER

W,

The charge levelled against the workman is, he being a driver pf the

bus, unanthoriseaily collected fare of 1231.25 each from ten

travelling from Hosur to Kadidavalfi, enquiry was held and .

imposed with the penalty of withhelding one u “‘ ‘V

such, werkman raised a dispute and on 1 A’

Tribune} confirmed ihe order imposing pm2.g1_nment; X :e1§”%A;;;~1§;;en.
Heard the counsel mprweefing tlaespettiihea.

According to the petitionefe pei§fiet1fe,c _V.was eiigaged in

driving the bus and he.vsir:ie a boarded the bus

from the reaiivvside ii is the duty of the conductor to
issue tickets. neit.*:er”eol¥eei:e§i”tf;e amount nor is he responsible for

issuing ticfnets, he prayed for setting aside the erder of

for the respondent — management submitted that

i ,. is me s”:3Vte’t-.*:er:t of the passengers for the petitioner having collected the

4: also, when the bus was checked ten passengers were found with

“tickets and their statement corroborates the fact 01′ ceilectisng the amount.

W,

3
What is noticed is, aitheugh petiiitmer was net a conductor, but he has

allawed the passengers to travel in the cabin. He has 3150 <;0lles;Vto'1::i""fl3_e

amount firom them. Labour Court has given a finding on _

when meaieriai evidence is there to say {hat the "is " b

misconduct, imposition of minor pcnaity of

two years cannot be said to be dispropo11i_onatc."~.{)'itVmcritsj fhé

Court has found the workman guilty of a;r2d_ be

intexiéred With. *

. , . 3 ~, -:_ , €"'r V
Petition1s§d1sn";1s.sez1.–;-_ '- Q I'

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