Hema Reddy vs The Management of KSRTC

Huluvadi. G. Ramesh, J.—This petition is by the workman assailing the award passed by the Indl. Tribunal, Mysore in Ref. No. 141/03 dated 8.1.07.

Petitioner is working as a driver under the respondent-Corporation. He was issued with an articles of charge alleging that he had caused an accident of the vehicle bearing No. 2446 on 15.11.01 which has resulted in damage to the Vehicle to the tune of Rs. 16286/-. On rejecting his reply, after holding enquiry, having found him guilty, the Management has imposed the punishment of reducing his pay by two incremental stages permanently apart from recovery of the damages. He was also issued with a charge sheet in respect of another case alleging that while on duty on 16.12.01 he carried two passengers without valid tickets and denying the reply the disciplinary authority imposed a punishment of postponing the annual increment of the petitioner for a period of one year. As against these orders, the workman sought a reference. The Indl. Tribunal, Mysore on such reference, after enquiry has rejected the reference. Hence, this petition.

Heard.

According to the learned Counsel for the petitioner in respect of the charge of causing an accident the petitioner had let m evidence to the effect that the accident was due to the mechanical detect in the bus and also due to the negligence on the part of the driver of the lorry in question and by holding a farce enquiry the workman was held guilty of the misconduct. It is submitted mat the enquiry report as well as the finding of the Indl. Tribunal is without reference to the material evidence on record and also without calling for and verifying the motor vehicle inspector''s report. As per the log sheet when it is depicted that on several occasions he complained of the various defects in the bus i.e., in the brake etc, the same was not attended to by the department, as a result, the accident occurred and that the petitioner is not at fault and accordingly, sought for to set aside the award passed by the Tribunal. As regards the charge of non-issuance of tickets, it is submitted that petitioner had not carried two of the passengers as alleged and that he had not collected the fare from them.

According to the Management, the petitioner was manning the bus bearing No. F 2447 plying from Mysore to Bangalore and the checking staff checked the bus at Madder, there were in all 50 passengers in the bus and out of them, the first party allowed two of the passengers to travel in the bus without valid tickets and caused loss of revenue of Rs. 92/- to the Corporation and also in another case, without taking proper care and caution hit the lorry and caused extensive damage to the bus and as well as to the lorry and a complaint was also filed against the petitioner by the lorry driver. In the enquiry-instituted the workman was found guilty of the misconduct and the charges levelled against him are proved which are grave in nature and as such, the impugned order passed does not call for any interference.

6, In the light of the arguments advanced the point that would arise for my consideration is, whether the Indl. Tribunal is justified in dismissing the reference?

The Indl. Tribunal referring to two of the witnesses examined on behalf of the Management and also referring to certain of the documents produced noted that the way bill at Ex.M14 was issued to the workman mentioning the number of passengers travelling in the bus which has been admitted by him during the cross-examination and also the checking staff imposing penalty on the ticket less passengers has been admitted by him. The second charge of allowing two of the passengers to travel in the bus without valid tickets is quite proved by the Management in view of the admission made by the workman himself regarding imposition of fine on the ticket less passengers after verification of the number of passengers who were travelling and as such, the Indl. Tribunal has concurred with the finding of the enquiring authority. The punishment imposed in this regard against the petitioner workman who was a driver cum conductor in the nun stop bus appears to be just and proper.

So far as the first charge is concerned regarding causing of an accident, it is the specific contention of the petitioner that on several occasions it has been informed to the Depot regarding the mechanical defect in the bus and also it is mentioned in the log sheet regarding the defect in the brake and the same was not attended to. He has also examined one of the witnesses to prove his stand and the testimony of the witness examined on behalf of the workman remained unchallenged since there is no cross-examination. Although the defense of the workman could be considered, but he could have resisted from driving the bus admittedly when even according to him there was no sufficient brake and when he was going in the long route between Mysore to Bangalore. But the petitioner has taken the risk of driving the bus with defective brake or which he would be liable. However, the Management also ought to have directed to attend to the defect in the bus immediately when it was entered in the log sheet on various dates. The accident said to have occurred on 15.11.01 when the petitioner has dashed against the terry, which was going ahead. Even by controlling the speed he could have avoided the accident to some extent. Might be because of the defective brake also the accident would have occurred. However, it appears there is a contributory negligence on the part of the Management in not attending to the defect pointed out by the workman and also to some extent on that of the workman in not taking care to go in a moderate speed.

In the result, petition is allowed in part. The punishment imposed in respect of the first charge of causing accident is reduced and instead of reducing the pay by two incremental stages permanently, it is ordered to reduce the pay of the petitioner-workman by one incremental stage permanently. In so far as the second charge is concerned regarding allowing two of the passengers to travel in the nonstop bus, the punishment imposed by the Indl. Tribunal remains undisturbed.