ORDER

1. The workman is before this Court in W.P.No.52668/2014 seeking for the following reliefs:

a) Quash the Award of the Labour Court dated 05th March 2014 passed by the Labour Court at Mysore in IID No.121/2007 (Annexure M) in so far as it relates to the imposition of punishment of withholding of two annual increments for a period of two years without cumulative effect and also in so far as it relates to denial of full backwages and consequentially direct the Management to reinstate the petitioner with all consequential benefits including full backwages and b) Pass such other orders as this Hon'ble Court deems fit

2. The employer is before this Court in W.P.No.37496/2014 seeking for the following reliefs:

I. Issue a Writ of Certiorari/Writ/Order/Direction of appropriate nature, quashing the Award dated 05.03.2014 at Annexure-O in I.I.D.No.121/2007 on the file of the Labour Court at Mysore.

II. Issue a Writ/Order/Direction of appropriate nature granting such other relief/s as this Hon'ble Court deems fit in the facts and circumstances of this case, including the cost of this proceedings, in the interest of justice.

3. The workman is an Ex-Serviceman who worked in the Army for 17 years having discharged combat duty in Kargil and other forward sectors viz., Poonch and Tawang and had received ‘Long Service and Good Conduct Medal’. The workman joined the service with the employer as a Security Guard on

22.04.1999.

4. On 14.08.2006, a complaint was filed by a Security Officer alleging that the workman did not show respect to him in the canteen by not saluting him.

5. On 16.08.2006, when the workman was on duty at the main gate, he allowed the Truck Bearing No.AP- 29-U-205 to pass through the main gate after checking the invoice at 0045 hours. Alleging that the workman has not checked the truck properly due to which one additional two wheeler which had been loaded on the truck was allowed to pass, a show cause notice dated 25.08.2006 came to be issued alleging negligence in work on part of the workman. The workman replied to the said notice. The management issued a show cause notice on 11.09.2006 alleging that on 13.08.2006 and 20.08.2006, the workman had not given respect to his superior by not saluting them and talking to them casually with disrespect. The workman submitted his reply on 15.09.2006 denying the allegations.

6. A single domestic enquiry was conducted in respect of both notices. The Enquiry Officer submitted his report on 05.03.2007 holding that all the charges against the workman had been proved. A second show cause notice dated 16.06.2007 was issued calling upon the workman to show cause why he should not be dismissed from service, which was replied to by the workman on 23.06.2007. The Disciplinary Authority proceeded to accept the report of the Enquiry Officer and imposed the punishment of dismissal of the workman. Aggrieved by the same, the workman had challenged the order of punishment. The Labour Court proceeded to set aside the punishment of dismissal and imposed punishment of withholding two increments with cumulative effect and awarded 25% backwages.

7. It is aggrieved by the same, the workman has filed W.P.No.52668/2014 seeking for setting aside the punishment imposed and for grant of full backwages.

8. The employer is before this Court in W.P.No.37496/2014 contending that entire award is required to be quashed and order of punishment imposed by the Disciplinary Authority is required to be confirmed.

9. Sri.K.Kasturi, learned Senior Counsel for the employer submits that:

9.1. It is the duty and obligation on part of the workman who was discharging his duties as a Security Guard at the main gate to have verified the number of vehicles which have been loaded into the truck, cross-check the same with the invoice and only thereafter allow the truck to pass through. It is on account of the negligence of the workman that one extra scooty pep which had been loaded into the truck escaped undetected and it is only on accoun