Karnataka High Court
Karnataka State Road Transport ... vs Sri Anthony Raj S/O Rayappa Since Decd By ... on 4 June, 2008
Author: S.Abdul Nazeer
Bench: S.Abdul Nazeer
IN THE HIGH COURT OF KARNATAKA. EANGEEéEECjj*;f.
DATED THIS THE o4"'Emx oE_guNE,j"20QsE'
BEFORE
THE HON'BLE MR. JusTIéEa$.AEDfiL,NAEEEE»_H5
w.p. No 15791 or §0Q6{LK)
BETWEEN
1 KARNATAKA sEETE:EOA§jTEA&sPdRET7'
CORPORATIONg;' *, :~* *.E!*»m,
cENTEAL--9EE:gEs*_EK%_ " ?' .
BANGALCREE",
REP B? TEE_cfijEE QAW OEEECER
2 *?HE"EIVISIONEEECQEEEQLLER
K.s.R;T.C ' *
MYSQRE CITE,DIV:sréN
MESORE. "
... PETITIONERS
{E§ Egi gas E SANJEEV*Adv.)
V'*»AND :E
.E*_ 3&3 ANTHONY RAJ
'vV's£Q RAYAPPA SINCE DECD BY HIS LRS
-11 EM? ARULSAGAYR MARY
'ff2"'vILoLET SONIA
" 3 SOPHIA
4 GAVASKAR
él
5' %fl!7?flflV
Wife &Children of late Sri Anthony Raj
No. 2 to 5 are minors, rep by their
mother Smt Arulsagaya Mary and all are
rfat Sulluvadi, Metagaili post, Kollegsl;,tIfl"
Taluk. u
... R§3?0NfiENTsjr"
THIS W.P. Is FILED UNDER ARTICLES 226'AMDf,'z~
227 or THE CONSTITUTION 'OF INDIA PRAYING g"
To:cALL FOR RECORBS or THE PRQCEEDINGS opgwsa £
PRESIDING OFFICER, LABOUR; =coURT, '.Mys0RE"
PERTAINING TO I.I.D.NO.l74/2OQ2¢_ WHICH HRS
CULMINATED IN ITS AWARE QT. 2T;4go6 VIBE ANX«C
AND QUASH THE AWARD »or_ IHE< LABOUR COURT,
MYSORE DT. 27.4.06 jv'! 2§sSEbg IN
I.I.D.NO.174/2062.:VIDE~ANX~C;_IN so EAR AS IT
DIRECTS PAYMENT go: sog.}sACKwAeEs TO THE
REsPoNDENTs;"-a"
This petitiofi comthg on for preliminary- hearing this Itday,*t the' court made the following; ' * ' A "
tt§nh*this "ease, the petitioners have 1r*challehqea the order passed by the Preskflng _ officer 'T Labour Court, Mysore in ',xf:.I§b-§a3I74/2002 dated 27.4.2006 whereby ».sthe: t§Labour Court has directed the hefpstitioner/Corpsration to pay to the hrrespondents (legal rpresentatives of the deceased Anthoni Raj) 50% of the % baokwages from the date of his dismissal_tilip the date of his death.
2. The respondents are ithe 7wife handiif children of one Rnthoni"R%§§ hnthoni Raj had been working as fa Qonduotor i'uith$€ the Corporation. Disoioiinaryfdiofooeedings was initiated against ianehgfiiggaaj fang it is alleged that ba:had reoainod ufi;authorisedly absent fromdia;iaiaé8d§i1ifl§,i.1998. He denied the charge. ifiomasfiia enquiry was ordered in which the ,enquirg "officer found that the ,«oharqéa is proved._ The enquiry report was raodeptedd«tgf*_the Corporation and Eva was dismissed Sarah' service on 27.2.2002. This i, dismissal gave rise to an industrial disoute =n;and'the deceased workman filed an application hr "under Sec.10(4~A) of the industrial Disputes h"»_u"Aot before the Labour Court. The Labour Court found that the domestic enquiry held by the Corporation was fair and proper. During the pendency' of the matter, Anthoni Raj passed K. away (on 4.11.2003). The respondents came on record as legal representatives of JtheWa deceased Ahthoni Raj. The Labour Codrtdhohfreh consideration emf the anaterialwrxi record» hast' allowed the claim petition inypartl The award 7b of the Labour court is as dhderi".
" The Claims petition is partly allowed. .vvThe#"-. seeend7_fr party corporation} is Vaireetea dtow*pay to tN§~'*lé%al\f--héifsd""of "" deceased Anthonyrajhi5§%l"haek#ages from the date of his eieeieee; till the date of his death} The amounts payable to .fihey€ legal" ~heirs ---------- of deceased *;"hhthonyraj shall be appropriated "_'eqhallfi among them. Second party is Adirected to pay to the legal heirs of" the deceased Pmthonyraj, the x'retiral benefits that were due to dthe deceased and his family."
f3. 1 have heard Sri. B.L. Sanjeev, learned h*h""counsel appearing for the Corporation. Though the respondents are served, they have remained unmrepresented.
and circumstances has granted 50% of .tfiég backwages. I «£3 not find any nwrit in ffii@v "
writ petition. It is accordingly dismiééeflg Noii' costs.
Psg* ._