Karnataka High Court
The Managing Director vs Raj Bakshi S/O Kasimsab on 20 June, 2011
Author: K.Sreedhar Rao
Bench: K. Speedhar Rao
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA DATED THIS THE 20T DAY OF JUNE 2011 a : BEFORE THE HON'BLE MR.JUSTICE K. SPEEDHAR RAO WRIT PETITION NO. s0238/2 2010 L-KSRTC) i BETWEEN: i. THE MANAGING DIRECTOR -- NEKRIC, CENTRAL OFFICE. MAIN ROAD, GULBARGA. | Nw THE pIVISKC JNAL C CONTROLLER" NEKRITC, RAICHUR DIVISION, RAICHUR | , REPTD: 'BY YES. CHIEF OFFI CER .. PETITIONERS (BY M scravanbaninte ASSOCIATES, ADV.) ANI: RAJ BAKSHI S/O KHASIMSAB . AGE: 54 YEARS, © OCONIL, (EX-LRIVER NO.913) 'R/O: RANGANATH HALLI POST SULTHANPUR, TQ & DIST:GULBARGA mA . RESPONDENT
"3 SRLP VILASKUMAR, ADV.) . THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF . THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED AWARD DTD:
No 25.05.2009 PASSED BY THE LABOUR COURT, GULBARGA IN REF.NO.61/2006 VIDE ANNEXURE 'B'.
THIS PETITION IS COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING, :
The respondent was working NaN under the petitioner. He remained absent from 12 '2 0.2002 "we 25.10.2002. The petitioner issued show ¢ cause notice to explain his unauthorized. absence The respondent submitted that, he was a anc. be had suffered paralysis stroke. The _aideaplinary. au tinority has found that the charge . of. uhouthorized - absence is proved and dismissed the re ssponcent§ from service. The Labour Court found that. the respondent suffered paralysis
-. streke and he is unable to drive. The petitioner has i past history of 8 cases. The Labour Court found that 'the past history of 8 cases of habitual absenteeism is not preved, Keeping in view, the physical disability directed the petitioner to reinstate the respondent into service and to provide alternative job and heid that he is Lae entitled to 40% backwages from the date of his dismissal till he is provided with alternative job. | :
2. The Labour Court found that past history is .
respondent has suffered paralysis stroke. in view of 7 "THE PERSONS WITH DISABILITIES -- (EQUAL OPPORTUNITIES, PROTECTION. OF RIGHTS AND FULL PARTICIPATION) ACT, 1995", the arder of Labour Court is sound and proper... > According! Ve the petition. is dismissed. sb