Judgment · High Court

This WRIT APPEAL PILED U/S 4 OF ThE KARNATAKA HIGH COURT ACT. PRAYING TO SET ASIDE THE JUDGMENT AND ORDER DATED 27-05-201 [ PASSED BY THE SiNGLE JUDGE IN ThE WRIT PETITION NO. 82032/2009 (L-KSRTC). This APPEAL COMING ON FOR ORDERS N.K(JMAR, J.. DELIVERED ThE FOLLOWING: JUDGMENT The Corporation has preferred this appeal against the order passed by the learned Single Judge. which has set aside the order passed by the Labour Court and upheld the order of cusntlssal for the proved misconduct.

#2. The respondent was working as a conductor in the appeUant-Corporatlon. He was on duty in the bus plying between Talmarl to Raichur. The bus was checked at stage-6. The checking staff found that the conductor had not Issued tickets to six passengers by collecting Rs.2/- from each of them. The material on record discloses that nine passengers boarded the bus at Mlrzapur. They were in dninken state. They refused U- 3 to pay money and purchase the ticket. The checking stair levied penalty on those nine passengers.

#3. On the aforesaid allegation. a domestic enquiry was initiated against the conductor. He participated in the enquiry. After enquiry, the enquiring authority held that the misconduct against the conductor Is proved and submitted a report to the disciplinary authority. The disciplinary authority accepted the said report and also took note of the fact that the conductor had a past record of 21 cases and proceeded to dismiss the conductor from service.

#4. AggrIeved by the said order of dismissal. conductor-workman raised an industrial dispute under Section 10(4-A) of the Industrial Disputes Act. 1947 as amended by the Kamataka Amendment. The Labour Court found that domestic enquiry conducted is fair and proper. Thereafter. It appreciated the material oti record and found that the charges levelled against the workman is proved from the ei(leI1ee S 1 4 Therefore, available on record. lie rejected the reference. Aggrieved by the said order of the Labour Court, the workman preferred a writ petition before this Court.

#5. The leaned Single Judge. on the ground that the checking staff did not check the cash In the cash bag and also on the ground that the passengers’ evidence was not recorded, Interfered with the order of dismissal. The learned Single also Interfered with the order of dismissal on the ground that the workman is entitled to the benefit of doubt and directed reinstatement and continuity of service without backwages. Aggrieved, the Corporation is in appeal.

#6. parties. We have heard the learned Counsel for both the

#7. The fact that the workman had collected Rs.2/- from six passengers and had not issued tickets arid he had not issued tiekel s to nine passengers is established from the S .5 5 material on record. When once the domestic enquiry conducted is tip held 10 be fair and proper. having regard to die nature of misconduct alleged against the workman. the punishment of dismissal imposed by the disciplinary authority Is proportionate to the gravity of charges of misconduct. It is not Ihe requirement of law that In each case. the checking staff has to check the cash in the cash bag of the conductor. If ft is not checked, it does not vitiate the order of dismissal. Similarly. it is not the requirement of law that the statement of each passenger is to be recorded. In fact the law Is well settled on this point. The learned Single Judge in his writ jurisdiction committed serious error in interfering with the finding recorded by the Labour Court without careful appraisal of the evidence on record. It Is not a criminal case. The reasoning given by the learned Single Judge gives an impression that the allegation of misconduct against the workman has to be proved beyond reasonable doubt. That is not the requirement of law. Therefore the learned Single Judge was not justified in interfering with the well considered order passed by the Labour S S 6 Court. In that view of the matter, the Impugned order cannot be sustained. Hence, we pass the following order: Appeal is allowed. The order passed by the learned Single Judge Is hereby set The order passed by the Labour Court upholding the order qf dismissal passed by the disciplinary authority is restored. Parties to bear their own costs. RIDGE Sd/ JUDGE ksp/