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 Tribunal has failed to frame an issue regarding delay and laches; the Tribunal committed an error in not raising an issue with regard to delay and laches.
Brief Facts:
The respondent workman was a Driver in the establishment of the Corporation. He was on duty in the vehicle plying on the route from Bangalore to Sakaleshpura. When the vehicle reached Annanenahalli gate, Udayapura, he caused an accident resulting in the death of a pedestrian. Hence, he was issued with Articles of charge on 18.09.2002. The charges were held to be proved and consequently, the workman was imposed with an order of punishment of reduction of basic pay by three incremental stages for a period of three months. During this period, he was denied an increment. The workman raised an Industrial Dispute.
The Industrial Tribunal while answering the preliminary issue, upheld the validity of the domestic enquiry. The Industrial Tribunal on an assessment of the evidence on record held that the charges are not proved and thereby set aside the order of punishment vide Award dated 06.01.2014. It is this Award that is called into question in this Writ Petition
Contentions of the Petitioner:
The Learned Counsel for the Petitioner submitted that the order of the punishment was passed way back in the year 2003. However, the respondent raised the dispute in the year 2009 i.e., after a lapse of almost six years. She argued by saying that the Tribunal ought to have rejected the reference on the grounds of delay and laches.
Contentions of the Respondent:
The Learned Counsel for the Respondent submitted that there is no issue about delay and laches. He further submits that delay is not a point for reference. Hence, he contended that the contention about the delay and laches is unsustainable in law.
The Court observed that the petitioner Corporation in the statement of objection has taken a specific ground about the delay and laches. But the Tribunal has failed to frame an issue regarding delay and laches. The Tribunal has committed an error in not raising an issue with regard to delay and laches. Hence, the matter requires remand.
The decision of the Court:
The Karnataka High Court, allowing the petition, held that the Award dated 06.01.2014 passed by the Industrial Tribunal is quashed.
Case Title: Karnataka State Road Transport Corporation v Narayana Gowda
Coram: Hon’ble Justice Jyoti Mulimani
Case no.: WRIT PETITION NO.60463 OF 2014 (L-KSRTC)
Advocate for the Petitioner: Mr. H. R. Renuka
Advocate for the Respondents: Mr. H. C. Sundaresh
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