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Judgment
Huluvadi G. Ramesh
Petitioner is a conductor appointed during 1984 and was working under the respondent NWKRTC. On 27.5.2008, there was a checking and it was found, the workman had failed to issue tickets and to collect the fare amount of Rs. 6/- from one passenger and had also not closed the Way Bill and had not entered the sold tickets in the Way Bill. A fine of Rs. 60/- was imposed against the workman. After having conducted disciplinary inquiry and after charges were framed, he has been dismissed from service on 30.4.2010 having found him guilty. On raising a dispute, in KID 63/2010, the Labour Court, Hubli dismissed the same confirming the order of dismissal. Against this order, petitioner is before this Court. Heard the counsel representing the parties.
There appears to be past misconduct of 63 cases for which minor penalty has been imposed in 61 cases. This is only a stray incident of not issuing ticket of Rs. 6/- to a passenger and collecting the fare who was traveling from Sarvodayanagar to CBT. The order of the Labour Court confirming the order of the disciplinary authority is disproportionate to the misconduct alleged.
Hence, the order of the disciplinary authority as well as the Labour Court is set aside. Petitioner be reinstated into service, however, without back wages and without continuity of service for the period he has not worked. Petitioner shall be taken on duty in three months. Petition is allowed in part.