JUDGMENT

Dr. AR. Lakshmanan, J. — This appeal is directed against the final judgment and order dated 22.07.2003 passed by the High Court of Karnataka at Bangalore in Writ Appeal No. 6439 of 2000. By the impugned judgment, the Division Bench, while disposing off the appeal, confirmed the findings of the Labour Court and of the learned Single Judge with regard to reinstatement and set aside the findings on back-wages. Though the respondent has been served and the affidavit and proof of service stating therein that the show cause notice was received by the sole respondent on 04.11.2004, there was no response or representation on behalf of the respondent. The respondent was also called absent. We, therefore, decided to hear the appeal on merits and also carefully perused the pleadings, the order of the Labour Court, judgment of the Single Judge and of the Division Bench of the High Court and other relevant records.

2. We also heard the learned argument of Ms. Anitha Shenoy, learned counsel for the appellant-Corporation.

BACKGROUND FACTS :

3. The respondent joined the Corporation as a conductor. While he was on duty, the appellant-Corporation noticed that he was under the influence of