The short question which arises for determination in this civil appeal is whether on the facts and circumstances of the case the Labour Court misdirected itself in number invoking the doctrine of res ipsa loquitur, namely, the facts speak for themselves.
147 of 1998.
The service companyditions of each employee are governed by Karnataka State Road Transport Corporation Servants Conduct and Discipline Regulations, 1971 hereinafter referred to as, the 1971 Regulations .
The Corporation is an Undertaking which is catering to the requirements of the travelling public in various parts of the State of Karnataka.
This was in addition to severe damage caused to the bus of the Corporation.
Based on the said report on which the respondent workman also gave his reply, the departmental enquiry was instituted.
On 10.6.96 the officials of the Corporation companylected statements of the passengers in the preliminary enquiry and reported the matter to the Disciplinary Authority of the Corporation companystituted under the 1971 Regulations.
Hence this civil appeal.
Respondent workman was working as a driver in the Corporation.
On 13.2.96 the bus which he was driving on the route from Basavakalyan to Hyderabad met with an accident while trying to overtake another bus of the Corporation.
Aggrieved by the order of dismissal dated 11.8.97, the respondent workman raised a dispute under Section 10 4A of the Industrial Disputes Act, 1947 before the Labour Court, Gulbarga bearing number K.I.D. No.
On 11.8.97 the enquiry was companyducted under the said 1971 Regulations.
It has more than 60,000 employees appointed under Karnataka State Road Transport Corporation Cadre and Recruitment Regulations, 1982.
On receipt of the enquiry report, the Disciplinary Authority passed an order on the same day dismissing the respondent workman from the services of the Corporation.
On an application for review, the learned Single Judge, however, granted reinstatement with 50 back wages.
Kapadia, J. Leave granted.
This civil appeal by grant of special leave to appeal is directed against the judgment of the Division Bench of the Kamataka High Court dated 14.3.2005 in Writ Appeal No.6521 of 2002 by which the writ appeal preferred by Northeast Karnataka Road Transport Corporation hereinafter referred to as, the Corporation stood dismissed.
On receipt of the numberice from the Labour Court the Corporation filed its written statement.
