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1996 Supreme(Kar) 357

V.P.MOHAN KUMAR
HUBERT LOBO – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT, MANGALORE – Respondent


V. P. MOHAN KUMAR, J.

( 1 ) THE petitioner herein challenges the award passed by the labour Court. The worker-petitioner herein was driver of the vehicle bearing No. MYF 9032 on 29-3-1987. While he was driving the said vehicle on Mangalore to Dharmasthala route an accident took place near Belthangady. In this connection a disciplinary action was taken against him and an article of charges was issued on 17-9-1987, alleging inter alia that the said accident was caused due to rash and negligent driving of the vehicle. He submitted his explanation denying the charges. Without any further detailed enquiry the Disciplinary Authority passed the order on 9/11-2-1988, withholding the ensuing increment for a period of six months with cumulative effect and to recover a sum of Rs. 941. 94, being the cost of damages caused to the vehicle.

( 2 ) THE worker raised a dispute before the Labour Court. Before the Labour Court, the worker contended inter alia that he is not guilty of the charges framed against him and the punishment of withholding of increments with cumulative effect is a major penalty and that the same cannot be imposed without holding a detailed enquiry. The Labour Court considered t





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