Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1403 OF 2024 (S-KSRTC) BETWEEN: SRI. K.S.CHANDRASHEKAR S/O A.S.SHANKARAPPA, AGED ABOUT 39 YEARS, R/O KAMBINAYAKANAHALLI VILLAGE, M.GOLLAHALLI POST, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-517 247. &APPELLANT (BY SRI. MUKKANNAPPA S B, ADVOCATE) AND:
1. THE DIVISIONAL CONTROLLER AND APPOINTING AUTHORITY, K.S.R.T.C., CHIKKABALLAPUR DIVISION, CHIKKABALLAPUR, REPRESENTED BY ITS CHIEF LAW OFFICER.
2. THE APPELLATE AUTHORITY,
K.S.R.T.C., CENTRAL OFFICE, SHANTINAGAR, BANGALORE, -2- NOW REPRESENTED BY ITS CHIEF LAW OFFICER. &RESPONDENTS (BY SMT. H.R.RENUKA., ADVOCATE) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER
DATED 01/07/2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.14993/2023 AND CONSEQUENTLY DISMISS THE WRIT PETITION NO.14993/2023 FILED BY THE RESPONDENTS CORPORATION AND CONFIRM THE AWARD PASSED BY THE PRELIMINARY DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPUR, PASSED IN I.D.REF.NO.8/2020 THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and
HON'BLE MS. JUSTICE TARA VITASTA GANJU
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed impugning the
judgment and order dated 01.07.2024 passed by the learned
Single Judge in W.P.No.14993/2023 preferred by the Karnataka State Road Transport Corporation (hereinafter referred to as KSRTC) against the award of Labour Court dated 14.07.2022 passed in ID No.08/2020. -3-
2. The parties are referred to as per their ranking in the writ petition for the sake of convenience.
3. Briefly the facts are stated as the respondent was selected in the KSRTC for the post of 'Driver - cum - Conductor' and he was placed on probation on 07.05.2015. On completion
of the probation, his services came to be confirmed. On 26.08.2017, the respondent was on duty in the bus having registration No.F-880, plying on the route - Bangalore to Mudigubba. The bus was checked by the flying squad of the KSRTC, and it was found that there were 21 + 01 + 09 passengers and 5 passengers holding daily pass in the bus.
The Checking Officer submitted the report about the misconduct committed by the respondent. Thereafter he was issued articles of charge on 01.09.2017 to which he did not submit any reply.
4. On conclusion of the domestic enquiry, a show
cause notice was issued to the respondent proposing the punishment of dismissal from service, and after, considering the reply, disciplinary authority inflicted the punishment of -4- dismissal from service on the respondent with effect from 20.06.2018. The appellate authority dismissed his appeal vide
order dated 10.09.2018.
5. The respondent raised an industrial dispute under Section 10(1)(c) of the Industrial Disputes Act, 1947 in ID
No.08/2018. The Labour Court vide award dated 14.07.2022 allowed the claim of the respondent in part and directed his reinstatement into service without backwages, however, with continuity of service with the last pay drawn by withholding three increments with cumulative effect.
6. This award of the Labour Court dated 14.07.2022
came to be challenged by the KSRTC, the petitioner. The learned Single Judge having considered the past misconducts as well as the misconduct in the present case in a short span of time i.e., from 2015 to 2017, went on to hold that the Labour Court was not justified in setting aside the order of punishment. The Tribunal had failed to take into consideration the relevant facts, and therefore, allowed the writ petition and set aside the award.
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7. The learned counsel for the appellant has submitted
that the Labour Court has held that there was no financial implication to the petitioner - Corporation in the alleged misconduct committed by the respondent - workman. She has also submitted that under Section 11-A of the Industrial Disputes Act, the Industrial Tribunal/Labour Court has power to interfere with the order of punishment of dismissal and removal from service considering the nature of accusations and the material brought on record, if the Labour Court can find that the punishment of dismissal from service is harsh and excessive.
8. As we have noted that in a very short span of time
the respondent had committed as many as 19 misconduct of similar nature, the fact would reveal that the respondent's integrity is highly doubtful, and such a person is not entitled to retain in the service. We therefore, of the view that the learned Single Judge has correctly taken the view and interfered with the impugned award passed by the Labour Court. We have gone through the judgment and also the award passed by the Labour Court, we are of the opinion that the learned Single -6- Judge has rightly set aside the award passed by the Labour Court which does not require an interference by this Court. Therefore, we dismiss the appeal. All pending applications are also rejected. Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNATAKA (D K SINGH) JUDGE Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNATAKA (TARA VITASTA GANJU) JUDGE YKL List No.: 1 Sl No.: 7