IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURIDISCTION
CIVIL APPEAL NO. 412 OF 2015
(Arising out of SLP (Civil) No.5236/2014)
K.V.S. RAM .. Appellant
Versus
BANGALORE METROPOLITAN TRANSPORT CORPN. ..Respondent
The appellant was appointed on the post of Driver in the Bangalore Metropolitan Transport Corporation on 3.9.1985 and was working on the same post since then. The appellant was served with article of charge dated 3.9.1990 alleging that he had secured appointment by producing a false transfer certificate. An enquiry was initiated on 15.7.1992 and the appellant submitted his explanation to the aforesaid charges. The Enquiry Officer submitted his report on 13.3.2002 holding the appellant guilty for his misconduct. After affording opportunity to the appellant to show cause against the proposed punishment, the disciplinary authority passed the order imposing punishment of dismissal from service vide order dated 1.10.2004. Aggrieved by the order of dismissal, the appellant raised an industrial dispute bearing I.D.No.39/2005 before the III Additional Labour Court, Bangalore. The Labour Court vide award dated 14.2.2007 directed the management of the corporation to reinstate the appellant in his original post with continuity of service but without back wages. The Labour Court modified the punishment directing withholding of four annual increments with cumulative effect. In the Labour Court, appellant has produced notarized copies of orders passed by the respondent-Corporation in respect of other workmen, who have committed similar misconduct but were awarded lesser punishments. Referring to Exs. W.5 to W.11 which are the notarized copies of the orders passed in respect of other workmen who have committed similar misconduct, Labour Court held that those workmen were reinstated in service with minor punishment of withholding of few annual increments, whereas the appellant was imposed grave punishment of dismissal from service and thus was discriminated. Referring to another judgment of the High Court in W.P.No.17316/2005 (L/K) dated 8.8.2005, Labour Court observed that when similarly situated workmen were imposed lesser punishment and the appellant cannot be discriminated by imposing punishment of dismissal from service and the Labour Court in exercise of its discretion under Section 11A set aside the punishment imposed on the appellant and directed reinstatement of the appellant without back wages….read more