The Karnataka High Court allowed a writ petition filed under Articles 226 and 227 of the Constitution of India, seeking certain reliefs. The Court observed that the Labour Court has failed to appreciate the fact that nothing prevented the workman from participating in the inquiry proceedings and furnish the medical documents to defend his case.
Brief Facts:
The respondent was appointed and working as a Driver in the establishment of the Corporation. He remained absent unauthorizedly without submitting a leave letter or obtaining prior permission from 16.06.2011 onwards till 20.06.2013. The Assistant Transport Inspector taking note of the unauthorized absence, submitted a report to the Depot Manager. Based on the Depot Manager's report, Articles of charge was issued along with imputation, documents, list of witnesses. The disciplinary authority appointed an inquiry officer. The inquiry officer submitted his findings holding that the charges are proved.
The disciplinary authority considering the domestic inquiry report, materials, and the past conduct of the respondent, dismissed him from service vide order dated 20.06.2013. The respondent raised a dispute before the Labour Court. The Labour Court held that the domestic inquiry conducted by the Corporation was fair and proper. The Labour Court vide award dated 02.03.2017 set aside the order of dismissal and directed the Corporation to reinstate the respondent without backwages, but entitled to get all benefits with continuity of service. It is this award that is called into question in this Writ Petition.
The Court noted that the respondent came under disciplinary inquiry proceedings for the act of misconduct i.e., unauthorized absence, and was visited with an order of punishment i.e., dismissed from service.
The Court said that the workman remained ex-parte before the inquiry proceedings. However, he furnished certain medical documents before the Labour Court for the first time. Ex. W series relates to prescriptions and medical certificates. The Labour Court took note of the medical documents and concluded that sufficient cause is shown for remaining absent.
The Court observed that this is unsustainable in law. The workman remained absent before the inquiry proceedings. The medical documents furnished for the first time before the Labour Court pertain to the absence period. Nothing prevented the workman from furnishing the same before the inquiry officer to justify the case of unauthorized absence. Instead of doing so, for the first time, he furnished the medical prescriptions and certificates before the Labour Court. The Labour Court has failed to appreciate the fact that nothing prevented the workman to participate in the inquiry proceedings and furnish the medical documents to defend his case.
The decision of the Court:
The Karnataka High Court, allowing the petition, held that the award of the Labour Court dated 02.03.2017 passed by the Addl. Labour Court is quashed.
Case Title: Divisional Controller v MUKUNDA H R
Coram: Hon’ble Justice Jyoti Mulimani
Case no.: WRIT PETITION NO.49303 OF 2017 (L-KSRTC)
Advocate for the Petitioner: Ms. Renuka H.R.
Advocate for the Respondents: Mr. M. C. Basavaraj
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