WP No.6-4865/2009
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IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DI-IARWAD
DATED THIS THE 17TH DAY OF FEBRUARY, 2'O:1'O'[}_:.,
BEFORE A I
THE HON'BLE MRJUSTICE3:SIUBHASISIEIADII"
WRIT PETITION No.64865}*2oO9"iL--KSRTCb
BETWEEN: I ' A I A A
NORTH WEST KARNATAKA ROADT '
TRANSPORT CORPORATION,
CHIKKODI DIVISION, " , --
DIST:BELGAUM -- _ 5 ~
BY ITS DIVISIONAECONTR'OI;LE'R._"-.__
AND DISCIPLII§iARY_.'AU'1='_IrIQRI'I'Y"~ " "
REP. BY CH_IEbT.;£iW_--.'OFE'ICER, ij;, V
SMT.PREM}%.V.E;A_NAVI. '
CENTR,ALIOFFI'C_E,IS I{UI;'ROAD',"'
HUBm;,¢ I%vy=FaNa'-
DIST;DHARwAD..V _ __ ...PETITIONER
[BY SRI.J.S:SH'ETTf{, A1A'*':'.II.)I\'/If:
IPIIILIP DA'N:'S.:§L--.JOHN
AOE;MAJOR,
OCC':HELPER_ IN RAIBAG DEPOT,
RAIE-AG..__DEPOT, TQ:RAIBAG
' . DIST: BELGAUM. ...RESPONDENT
A PETITION IS FILED UNDER ARTICLES 226 AND
' THE CONSTITUTION OF INDIA PRAYING TO QUASI-I
ORDER DATED 24.07.2008 PASSED BY THE DISTRICT
JUDGE AND PRESIDING OFFICER INDUSTRIAL TRIBUNAL,
WP No.64865/2009
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HUBLI PASSED IN ID NO.95/205, THE COPY OF WHICH HAS
BEEN PRODUCED AT ANNEXURE--A AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY
HEARING, THIS BAY, THE COURT MADE THE FOLLOWING:
O R D E R
1. This petition is by the Corporation
dated 24.07.2008 in :13 No.95 /2005 on the me i%;’hyeiiPfe’u$i«d1rrig
Officer, Industrial Tribunal, I-Iubli. I I I I ii I I
2. Against the order of ifrespondentrsii
workman had raised a that the
charge of unauthorised “abisence f..al1eigeVd.A»against him is not
based on any regard he had lead evidence
before the However, the Enquiry Officer
Withoutdue regartiito the evidence of the management has
aiireport, hased on which the Disciplinary Authority
punishment of withholding of two annual
increments cumulative effect.
Industrial Tribunal considering the evidence on
found that the finding of the Enquiry Officer and the
” Disciplinary Authority is perverse as the evidence lead by the
ékli;
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it i’ “vdisp0sed.A’-of. A.
WP No.64865/2009
management itself discloses that the petitioner was attending
the duty. However, it was not recorded and this is alsostated
by the Depot Manager. Considering the material tilde
Tribunal held that the Enquiry Report being aside
the same. While setting aside the sanne,
issued certain directions to the Corporation. iriew ‘they;
are unnecessary. Except aside’._and..V-idifecting the
Corporation to pay the the §’t’he:? directions
do not arise in the circu1r1stan’ceisVi Accordingly,
petition is disposedfiof of the Tribunal to
the extent of punishment and treating
the \}\/’OI:’1’ri{i1i’Ii1H’c’il1’1T.:'”c.:lvS: ii’8′;’02i-.2003 to 15.09.2003 and
consequential i H
4. With theV_iiaboveiiobservations, the writ petition stands
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