ARIJIT PASAYAT, S.H.KAPADIA
Managing Director, North East K. R. T. C. – Appellant
Versus
Devidas Manikrao Sadananda – Respondent
JUDGMENT
Kapadia, J.—Leave granted.
2. This civil appeal by grant of special leave to appeal is directed against the judgment of the Division Bench of the Karnataka High Court dated 14.3.2005 in Writ Appeal No. 6521 of 2002 by which the writ appeal preferred by Northeast Karnataka Road Transport Corporation (hereinafter referred to as, “the Corporation”) stood dismissed.
3. The short question which arises for determination in this civil appeal is : whether on the facts and circumstances of the case the Labour Court misdirected itself in not invoking the doctrine of res ipsa loquitur, namely, the facts speak for themselves.
4. The Corporation is an ‘Undertaking’ which is catering to the requirements of the travelling public in various parts of the State of Karnataka. It has more than 60,000 employees appointed under Karnataka State Road Transport Corporation (Cadre and Recruitment) Regulations, 1982. The service conditions of each employee are governed by Karnataka State Road Transport Corporation Servants (Conduct and Discipline) Regulations, 1971 (hereinafter referred to as, “the 1971 Regulations”).
5. Respondent-workman was working as a driver in the Corporation. On 13.2.96 the bus wh
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