Management of NWKRTC vs Yallappa

Mr. S.N. Satyanarayana, J.—Heard the learned counsel for the appellant and the respondent.

The appellant in this intra-court appeal is before this Court being aggrieved by the order of the learned single Judge rendered in W.P. No. 107370/2014 dated 15.12.2015.

The appellant in this intra-court appeal is the Corporation and petitioner in W.P. No. 107370/2014. It is before this Court being aggrieved by the order of the learned single Judge rendered in the above noted petition dated 15.12.2015. It is contended by the learned counsel for the appellant that on account of the accident caused by the respondent, the Corporation has been put to loss and has been forced to pay the compensation in order to satisfy the award made by the Motor Accident Claims Tribunal (hereinafter referred to as ''the Tribunal''). It is contended by the learned counsel for the appellant that the respondent, who was appointed as a trainee driver with the appellant - Corporation, is guilty of causing the accident on account of his omission to use the headlights of the bus in an appropriate manner and thereby inconvenienced the victims, who were riding on a two wheeler and thereby, caused the accident resulting in the death of the rider of motorcycle, pillion rider and a minor child. Hence, disciplinary enquiry was initiated against the respondent and his name was removed from the select list of trainee drivers. Upon the claim made by the respondent under the provisions of Section 10(4-A) of the Industrial Disputes (Karnataka Amendment) Act, 1987, the Labour Court enquired into the reference and by award dated 02.01.2014 in KID No. 42/2013, it was pleased to set aside the removal order dated 08.03.2013 and further directed for reinstatement of the claimant into service to his original post with continuity of service on notional terms without back-wages and within one month from the date of publication of the award. Aggrieved by the same, Corporation has preferred the above noted petition.

Learned single Judge after noticing that the records do not demonstrate the fact of accident having been caused by the respondent - employee was pleased to uphold the award made by the Labour Court in KID No. 42/2013 and was pleased to reject the writ petition. Learned counsel for the appellant would submit that the learned single Judge has omitted to appreciate the material on record. It is seen that the Labour Court has enquired in detail regarding the. facts of the accident and it has concluded that the two wheeler rider was to blame as he was riding the two wheeler on the extreme right side of the road resulting in the two wheeler hitting the extreme, right side of the bus. Apart from that, the Tribunal has also relied upon the report that was prepared and submitted by the officials of the appellant - Corporation in this regard, wherein officials of the Corporation have clearly indicted the rider of the motor cycle and have held him responsible for the accident.

In the facts above and circumstances, we do not find any perversity or illegality in the order passed by the learned single Judge. The order impugned is backed by sound reasoning.

Accordingly, the writ appeal being devoid of merit is dismissed.

In view of disposal of this appeal, I.A. No. 2/2016 for stay does not survive for consideration and the same stands disposed of.