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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 29TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION No.48665 OF 2018
C/W
WRIT PETITION No.25764 OF 2018 (L-KSRTC)
IN WRIT PETITION NO.48665 OF 2018
BETWEEN:
MANIKANTAN
S/O ARUVASHETTY
AGED ABOUT 40 YEARS
R/AT TERAKANAMBI VILLAGE
GUNDLUPETE TALUK
CHAMARAJANAGAR DISTRICT
...PETITIONER
(BY SRI SHEKAR C., ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER
B.M.T.C.
SOUTH DIVISION,
K.H.ROAD,
BANGALORE-560 027
...RESPONDENT
(BY SRI B.L.SANJEEV, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED AWARD DATED 25.11.2017 PASSED BY THE
HON'BLE III ADDL. LABOUR COURT, BANGALORE, IN REF.
NO.60/2015 VIDE ANNEXURE-A TO THE WRIT PETITION
AND ETC.
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IN WRIT PETITION NO.25764 OF 2018
BETWEEN:
THE DIVISIONAL CONTROLLER
BMTC SOUTH DIVISION
K.H.ROAD
BENGALURU-560 027
HEREIN REPRESENTED BY
THE CHIEF LAW OFFICER,
B.M.T.C.. CENTRAL OFFICES
K.H.ROAD, SHANTHI NAGAR
BENGALURU-560 027
...PETITIONER
(BY SRI SANJEEV B.L., ADVOCATE)
AND:
SRI MANIKANTAN
S/O ARUVASHETTY
AGED ABOUT 40 YEARS
R/AT TERAKANAMBI VILLAGE
GUNDLUPETE TALUK
CHAMARAJANAGARA DISTRICT-571 111
...RESPONDENT
(BY SRI B.L.SANJEEV, ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS OF THE PROCEEDINGS OF THE III ADDL.
LABOUR COURT, BENGALURU PERTAINING TO REF.
NO.60/2015, WHICH HAS CULMINATED IN ITS AWARD DTD:
25.11.2017 PRODUCED AS ANNEXURE-B AND ETC.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE
COURT MADE THE FOLLOWING:-
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ORDER
Both these petitions arise out of the impugned judgment and award dated 25.11.2017 passed in Ref.No.60/2015 by the III Additional Labour Court, Bengaluru (for short "the Labour Court"). The said proceedings arose out of a claim petition filed by the workman seeking setting aside the order of dismissal dated 03.09.2014 passed by the BMTC on the ground of misconduct. After contest, the Labour Court proceeded to pass the impugned judgment and award allowing the claim petition in part in favour of the workman. As per the impugned judgment and award, the Labour Court issued the following directions:
(a) Directing reinstatement of the first party - workman into service with the second party - BMTC together with continuity of service and all other consequential benefits.
(b) Directing the second party -BMTC to pay 30% of the back wages to the first party - workman for the period from the date of dismissal dated 03.09.2014 till the date of reinstatement.4
(c) Directing withholding of three annual increments with cumulative effect.
2. Aggrieved by the impugned judgment and award insofar as it relates to non-grant of the entire back wages and withholding of three annual increments with cumulative effect, the workman has preferred W.P.No.48665/2018. So also, the BMTC has preferred W.P.No.25764/2018 challenging the impugned judgment and award in so far as it relates to directing reinstatement of the workman together with continuity of service and all other consequential benefits and awarding 30% back wages in favour of the workman.
3. Heard learned counsel for the BMTC and learned counsel for the workman and perused the material on record.
4. A perusal of the material on record including the impugned judgment and award will indicate that having regard to the specific assertion of the workman that he remained absent on account his ill health coupled with the pleadings and evidence on record, upon re-appreciation 5 and re-evaluation of the entire material on record, I am of the considered opinion that the impugned judgment and award directing withholding of three annual increments with cumulative effect and awarding 30% back wages from the date of dismissal till date of reinstatement is not proportionate to the nature of misconduct and consequently, by balancing equities and in the interest of justice, I deem it just and proper to allow both the petitions and modify the impugned judgment and award by confirming the direction for reinstatement together with continuity of service and all consequential benefits but by declining to award 30% back wages and setting aside the direction of withholding three annual increments with cumulative effect.
5. In the result, I pass the following:
ORDER
(i) Both these petitions are allowed-in-part.
(ii) The impugned judgment and award dated 25.11.2017 passed in Ref.No.60/2015 by the 6 III Additional Labour Court, Bengaluru, is hereby modified in the following terms:
(a) The impugned judgment and award in so far as it directs reinstatement of the workman, Sri. Manikantan into service with the BMTC together with continuity of service and all consequential benefits is hereby confirmed and the BMTC is directed to reinstate the workman within a period of four weeks from the date of receipt of a copy of this order.
(b) The impugned judgment and award in so far as it directs the Management-BMTC to pay 30% back wages from the date of dismissal till the date of reinstatement is hereby set aside.
(c) So also, the impugned judgment and award insofar as it relates to 7 directing withholding of three annual increments with cumulative effect of the workman is hereby set aside.
SD/-
JUDGE Bmc