Writ petition challenging a Labour Court award dismissing a driving instructor for misconduct. The High Court found no error in the enquiry or the findings of victimization and dismissed the petition.
The writ petition was dismissed, and the Labour Court award upholding the dismissal was affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 05TH DAY OF NOVEMBER 2012
BEFORE
THE HON'BLE MR. JUSTICE SUBHASH B ADI
WRIT PETITION NO.5189/2007(L-TER)
BETWEEN :
VENKATARAMANA J L AGED ABOUT 51 YEARS C/O ROOM NO 7 KALYANA BHAVANA BUILDINGS THYAGARAJA ROAD MYSORE ...PETITIONER
( BY SMT.SHEELA KRISHNA, ADV. [ABSENT])
AND :
THE PRINCIPAL M/S VIJAYA MOTOR DRIVING SCHOOL # 2216, KANTHARAJ URS ROAD MYSORE – 4 ...RESPONDENT
( BY SRI. NATARAJ BALLAL, ADV., )
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO RE-INSTATE THE PETITIONER WITH CONTINUITY OF SERVICE AND PAY FULL BACK WAGE BY THE ISSUE OF WRIT OF MANDAMUS AND/OR ANY OTHER SUITABLE WRITS & ETC.,
THIS PETITION IS COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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O R D E R
None appears for the petitioner.
Petitioner has called in question the award dated 14th November 2006 in I.I.D.No.75/1998 on the file of Presiding Officer, Labour Court, Mysore.
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dispute, as against which, this writ petition is filed.
find no error in the award passed by the Labour Court.
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Accordingly, the petition fails and same is dismissed.
Sd/-
JUDGE
KNM/-
2 issues framed by the court
Whether the High Court should interfere with the Labour Court's award upholding the petitioner's dismissal for misconduct based on an unfair enquiry.
Whether the incident constituting misconduct occurred within the scope of service or outside the jurisdiction of the establishment.
2 provisions across 2 enactments
VENKATARAMANA J L
THE PRINCIPAL M/S VIJAYA MOTOR DRIVING SCHOOL
SUBHASH B ADI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
