JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.:-

Leave granted.

2. This appeal is directed against the judgment of the Division Bench of Karnataka High Court dated 13.08.2009 passed in Writ Appeal No.5040 of 2008 and Writ Appeal No. 2499 of 2007. By the common judgment, the Division Bench, while setting aside the order of the Learned Single Judge reducing the quantum of punishment imposed on the appellant, upheld the order of dismissal passed by the respondent-Corporation. In this appeal the challenge is to the order passed in Writ Appeal No.2499 of 2007.

3. Shorn of unnecessary details, the case of the appellant was that he was working as a driver in the respondent Corporation and that on 30.11.1995, he was travelling in the Corporation bus without ticket which was detected by the checking squad. The checking squad imposed the usual penalty on the appellant. It is stated that enraged by the action of the checking squad, the appellant abused the Checking Inspector by using filthy language and also threatened to do away with his life. The appellant also stated to have attempted to assault the Checking Inspector. Subsequently, he is stated to have approached the coordinator in the Divisional Office Belgaum and behaved in an arrogant manner with the said officer. Apart from abusing the officials of the checking squad in filthy language in the presence of other employees, he is also stated to have thrown a challenge that he would close the gate of the office and indulge in Satyagraha. Again on the next day i.e. on 01.12.1995, he is sated to have entered the Divisional Line checking section and threatened the Checking Inspector by stating that he would burn him in the presence of other officials and the employees. A joint report was submitted by those employees based on which a charge sheet was issued to the appellant calling for his explanation. The appellant while denying the charges replied that penalty was collected from him by Checking Inspector and that he went to the office of the coordinator only to report about what had happened when the checking squad intercepted him when he was travelling in the bus.

4. The disciplinary authority ordered for an enquiry to be held by appointing an enquiry officer. The appellant fully participated in the enquiry and the enquiry officer recorded a finding that the charges levelled against the appellant were proved. After issuing a second show cause notice along with a copy of the findings, the order of dismissal came to be issued against the appellant. The appellant raised an industrial dispute which was adjudicated by the Labour Court wherein an award came to be passed holding that the order of dismissal was fully justified and there was no scope to invoke Section 11A of the Industrial Disputes Act (hereinafter called ‘the Act’) to interfere with the punishment imposed on the appellant. When the appellant preferred a writ petition challenging the said award of the Labour Court, Hubli on 20.12.2005 in KID 20/2003, the Learned Single Judge allowed the Writ Petition, set aside the award of the Labour Court, modified the order of dismissal by ordering withholding of two increments with cumulative effect without consequential benefits and without back wages but with continuity of service. There was a further direction to the respondent Corporation to reinstate the appellant within four weeks from the date of the order of the Learned Single Judge. The Division Bench, however, set aside the order of the Learned Single Judge and upheld the order of dismissal.

5. We heard Mr. Shankar Divate, learned counsel appearing for the appellant and Mr. B. Subramanya Prasad, learned counsel appearing for the respondent-Corporation. We have also perused the orders of the Labour Court,the Learned Single Judge as well as that of the Division Bench of the High Court. Having bestowed our serious consideration, we find that the act of the appellant in having travelled in the Corporation bus on 30.11.1995 without vali