JUDGEMENT
B. Veerappa, J. -
(1.)The Managing Director of the Bangalore Metropolitan Transport Corporation has filed this present Writ Petition for a Writ of Certiorari to quash the order in ID No. 72/2006 dated 11.9.2009, at Annexure-C, the order on IA No. 10 dated 21.5.2013 at Annexure-E and also the order dated 03.07.2013 at Annexure-F, passed by the Presiding Officer, I Addl. Labour Court, Bangalore, allowing the claim statement in part and the order of the Second party i.e., Disciplinary Authority dated 21.6.2004 in No. 560/04 is set aside with a direction to reinstate the first party into service with continuity of service and other consequential benefits and also held that the workman is entitled to 25% of the back wages from the date of his dismissal till the date of his reinstatement into service and his prayer for full back wages is rejected.
(2.)It is the case of the Petitioner-Corporation that the respondent-workman was working as a driver. While applying for the post of driver in the Corporation, he submitted Transfer Certificate bearing No. 73/78-79 and Caste Certificate No. 8302/87-88 issued by the Tahsildar, Kollegal. Thereby, he got selected to the post of driver. Later the Petitioner-Corporation referred the said Transfer Certificate for security investigation to enquire the genuineness of the certificate. The Security Officer, who investigated the matter, submitted a report stating that the Transfer Certificate produced by the respondent-workman is a fake one. On the basis of the said report the Disciplinary Authority issued Articles of charges. The respondent-workman replied to the said Articles of charges. Not satisfied with the reply, Disciplinary Authority referred the matter for enquiry and appointed an Enquiry Officer to conduct enquiry.
(3.)The Enquiry Officer, after conducted a detailed enquiry and submitted report holding that the charges levelled against the respondent are proved. Thereafter on the basis of the report and after considering the material on record, Disciplinary Authority by an order dated 21.06.2004 dismissed the respondent from service. Being aggrieved by the order of dismissal, the respondent has raised an industrial dispute under Sec. 10(4A) of the Industrial Disputes Act, challenging the order of dismissal passed by the Disciplinary Authority.
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