ORDER :

C.M.Poonacha, J.

The present Writ Petition is filed seeking the following reliefs;

"(a) Issue a writ or order in the nature of writ of certiorari quashing the impugned award dated 16.11.2018 passed by the Presiding Officer, Labour Court, Chikkamagalur in IDA No.13/2016 at Annexure-A under the facts and circumstances of the case.

(b) Issue a writ or order in the nature of writ of mandamus directing the respondent to reinstate the petitioner and to pay all consequential and service benefits to the petitioner including back wages.

(c) Pass such other order as to cost as this Hon'ble Court deems fit under the facts and circumstances of the case in the interest of justice and equity."

2. It is the case of the Petitioner-workman that he was working as conductor in the Respondent- Corporation since 1998. On 09.02.2015, he was issued Article of charge on the allegation of possession of excess cash of Rs.359/-. That on 16.02.2015, the Petitioner-workman submitted his detailed explanation to the Article of charge explaining that the alleged excess cash belonged to passengers who forgot to collect change. That a report was submitted to the disciplinary authority which issued the charge sheet. However, the charge sheet was not accompanied by imputation of charges and documents were not supplied. Further, the enquiry conducted was not as per the regulations and was not fair and proper. On 09.02.2016, the Respondent-Corporation dismissed the Petitioner from service. The Petitioner filed a claim Petition in IDA No.13/2016 before the Labour Court seeking to set aside the order of dismissal and reinstate him back into service with wages and all consequential benefits. The Respondent-Corporation entered appearance before the Labour Court and contested the proceedings.

3. The Respondent-Corporation examined the enquiry officer as MW.1 and got marked 21 documents as Exs.M1 to M21. The Petitioner examined himself as WW.1 and got marked one document as Ex.W.1. The Labour Court heard arguments of both sides on issue No.1, which was treated as preliminary issue and held that enquiry conducted as fair and proper. Thereafter, the parties have lead evidence on the merits. Considering the evidence on record, the Labour Court vide award dated 16.11.2018 dismissed the application filed by the Petitioner-workman. Being aggrieved, the present Writ Petition is filed.

4. Learned counsel for the Petitioner contends that any excess cash that is available with the conductor is required to be deposited at the end of the journey when the bus reaches destination; that the bus was check en-route and a sum of Rs.350/- was found in excess in possession of the Petitioner workman; that the Petitioner-workman did not have an opportunity to deposit excess cash upon the bus reaching its destination. He further submits that in any event, a minor punishment ought to have been awarded and not a major punishment of dismissal of service. In support of his submission, the counsel for Petitioner relies on the following judgments;

(i) The Karnataka State Road Transport Corporation and Another v. Victor Lucas and Another W.P.No.49/1991 dated 17.01.1991.

(ii) Bangalore Metropolitan Transport Corporation v. C.Mahadevappa W.A.No.436/200 dated 18.09.2000.

5. Learned counsel for the Petitioner-workman seeks to distinguish the judgment of the Hon'ble Supreme Court in the case of Divisional Controller, KSRTC (NWKRTC) v. A.T.Mane, reported in (2005) 3 SCC 254, and seeks for allowing of the writ petition and granting the relief's sought for therein.

6. Per contra, learned counsel appearing for