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2014 Supreme(Kar) 83

RAM MOHAN REDDY
R. Rangaswamy – Appellant
Versus
Vice Chairman & Managing Director – Respondent


Advocate Appeared:
For the Appellant:V.S. Naik for Lakshman Rao, Advocates.
For the Respondent:H.R. Renuka, Advocate.

Judgment

1. Petitioner, while discharging duties as ‘Junior Assistant’ in the respondent – Public Road Transport Corporation, is said to have committed certain acts of misconduct along with others, by which Rs.3,53,044/- was misappropriated. The disciplinary proceeding when commenced, domestic enquiry held, the Enquiry Officer submitted a report, holding charges proved, following which the Disciplinary Authority by order dated 17.8.2006, terminated the petitioner from service, with a direction to recover Rs.3,53,044/- from out of the gratuity payable by way of forfeiture. That order was subject matter of ID No.28/2007 before the III Additional Labour Court, Bangalore, whence after a trial, the Labour Court recorded a finding that the charge against the petitioner was proved and accordingly found no case made out for invoking the extraordinary jurisdiction under section 11-A of the Industrial Disputes Act, 1947 [for short ‘Act’] and accordingly by Award dated 22.11.2010, rejected the dispute.

2. Petitioner, aggrieved by the said Award, filed this petition on 17.2.2012, without explaining the delay in filing the petition. In the memorandum of writ petition, at paragraph-23, for the fi





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