( 1 ) THE petitioner has challenged in this writ petition the award of the labour Court, dated 28-1-1999 passed in ID. No. 335 of 1994 by the III additional Labour Court, Bangalore, setting aside the order of dismissal and directing the petitioner to reinstate the respondent into service with continuity of service and 40% of the back wages from the date of dismissal till the date of reinstatement.

( 2 ) THE facts leading to this case are as under. The respondent was appointed as a conductor in the petitioner- Corporation in the year 1990. The respondent was on duty on 25-9-1991 in vehicle No. KA 25f 48 on route No. 236/1 plying from Peenya II Stage to kengeri Satellite Town. The checking officials checked the bus at kengeri Bus Stand and found that the respondent was in possession of unaccounted excess cash of Rs. 97. 75. On the very same day a memo was served on the respondent at the spot which he received and acknowledged. Thereafter, the respondent was placed under suspension pending enquiry and a charge-sheet was issued to him. He failed to submit any reply. Therefore, a domestic enquiry was initiated against the respondent. After detailed enquiry the Enquiry Off