R.C.LAHOTI, J.

(1) LEAVE granted.

(2) THE appellant was a conductor in KSRTC, KH Road, Bangalore. On 17/1/1985 at about 5.00 p.m. the checking staff intercepted the bus plying on route and found that there were 49 passengers in the bus but the appellant, the duty conductor, had not issued tickets to 8 passengers inspite of fare having been collected from them. The departmental enquiry on charges of misconduct was held against him and the punishment of dismissal from service was imposed. While imposing such punishment, the disciplinary authority took into consideration previous service history of the appellant wherein the appellant was found to have been involved in more than 41 cases of similar nature. Earlier, the appellant was penalised even by imposing punishment of withholding of his increments and still the appellant did not show any sign of improvement.

(3) THE appellant put in issue the finding of departmental proceedings as also punishment imposed therein by raising an industrial dispute under section 10(1)(c) of I.D. Act. The learned labour court found enquiry to be defective and give the employer an opportunity of adducing evidence to s