North East Karnataka Road Transport ... vs M.Nagangouda

The respondent-workman was working as a Conductor of Kudligi Depot of the appellant-corporation. On 5th October, 1980, while the said respondent was on duty in vehicle No.MYF-2613 plying between Hadagali to Medalagatta, the said bus came to be checked by the Central Line Checking Squad, Bangalore at Medalgatta Stage No.3. The allegation against the respondent is that he had failed to issue tickets of 0.90 paise denomination to four passengers despite collection of requisite fare at the boarding point. On the basis of the report submitted by the Checking Squad, disciplinary proceedings were initiated against the respondent and he was served with Articles of Charges. The respondent filed his written statement of defence denying the charges levelled against him. However, the disciplinary authority was not satisfied with the defence taken by the respondent and appointed the Assistant Traffic Manager as Enquiring Authority to conduct an enquiry against the respondent. Enquiry was duly conducted on 21st January, 1981 and on the materials available, the Enquiring Authority held the respondent to be guilty of misconduct. Accepting the reports submitted by the Enquiring Authority, the Disciplinary Authority by its order dated 27th August, 1981 dismissed the respondent from service with immediate effect under powers vested in it by Regulation 19 (3) under Part-III of the KSRTC Servants (C & D) Regulations, 1971. The respondent approached the Assistant Labour Commissioner for conciliation. As the same failed, the matter was referred to the Labour Court by the Government of Karnataka vide Reference dated 22nd November, 1982. The Terms of Reference were as follows:-

On 3rd January, 1995, while the proceedings were pending before the Labour Court, the respondent filed an interim application which was allowed by the Labour Court and the appellant-corporation was directed to pay 50 % of the salary last drawn by the respondent. In view of the aforesaid order, the appellant was permitted to obtain work from the respondent on the strength of a joint memorandum filed by the parties. Subsequently, on 23rd Febraury, 1998, the Labour Court allowed the respondent's claim petition by ordering his reinstatement into service and also holding that he was entitled to receive 50 % of the back wages. Aggrieved by the aforesaid order, the respondent filed a Writ Petition No.26409/1998 before the High Court of Karnataka which remitted the matter back to the Labour Court with a direction to pass appropriate orders with regard to back wages, continuity of service and other consequential benefits, after affording an opportunity to both the parties. After remand, the Tribunal vide its Order dated 10th August, 2001, allowed the Reference and held that the respondent was entitled to receive full back wages from the date of the order of dismissal till the date of the award with continuity of service and all consequential benefits.

The Division Bench which heard the Writ Appeal did not also consider the aforesaid aspect of the matter and mechanically disposed of the appeal with the observation that after going through the order of the learned Single Judge and the award of the Tribunal, it found no ground to interfere with the findings recorded therein.

In view of what we have stated hereinabove regarding the income received by the respondent for the period of his dismissal from service till the date of the award, we are of the view that the award passed by the Tribunal after remand and affirmed by the High Court, both by the learned Single Judge and the Division Bench is liable to be modified and the earlier award of the Labour Court dated 23rd February, 1998 is liable to be restored.

We, accordingly, allow the appeal and restore the award passed by the Labour Court dated 23rd February, 1998 and direct the respondent to give effect to the same expeditiously, if the same has not already been implemented. In the event full back wages from the date of dismissal till the date of the award has already been paid to the respondent, the appellant-Corporation will be entitled to recover the same from the respondent.

There will be no order as to costs.