Karnataka High Court
The Managing Director N.E.K.R.T.C And ... vs Khasimsab S/O Mohd. Sultan on 6 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2236
WP No. 203151 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 203151 OF 2017 (L-KSRTC)
BETWEEN:
1. THE MANAGING DIRECTOR,
N.E.K.R.T.C, CENTRAL OFFICE,
KALABURAGI.
2. THE DIVISIONAL CONTROLLER,
N.E.K.R.T.C RAICHUR DIVISION,
RAICHUR.
...PETITIONERS
(BY SRI. DEEPAK V. BARAD, ADVOCATE)
Digitally signed by AND:
NIJAMUDDIN
JAMKHANDI
Location: HIGH KHASIMSAB S/O MOHD. SULTAN,
COURT OF
KARNATAKA AGE: ABOUT 52 YEARS, OCC: NIL,
(EX.CONDUCTOR NO.1507 DEODURGA DEPOT),
R/O MOHALLA BEGUMPUR, POST:MUDGAL,
TQ.LINGASUGUR, DIST.RAICHUR.
...RESPONDENT
(BY SRI SANJEEV PATIL, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
I) ISSUE A WRIT IN THE NATURE OF CERTIORARI WHEREBY
QUASHING THE JUDGMENT AND AWARD PASSED BY THE
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NC: 2026:KHC-K:2236
WP No. 203151 of 2017
HC-KAR
DIST. JUDGE AND PRESIDING OFFICER LABOUR COURT,
KALABURAGI DATED-07.02.2017 IN REF.NO.40/2016 AS AT
ANNEXURE-D TO THIS WRIT PETITION. II) ISSUE ANY OTHER
ORDER OR DIRECTION AS THIS HON'BLE COURT DEEMS FIT IN
VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE
STATED ABOVE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
Petitioners are before this Court in this writ petition filed under Articles 226 and 227 of the Constitution of India with a prayer to quash the award dated 07.02.2017 passed in Reference No.40/2016 by the Labour Court, Kalaburagi, vide Annexure-D.
2. Heard the Learned counsel for the parties.
3. Respondent-workman, who working as a conductor in petitioner-corporation was dismissed from service, vide order dated 07.08.2013 passed by the disciplinary authority on the ground that he was found guilty of the charge that he had not issued ticket to a child passenger on 17.08.2009, when on duty on route from -3- NC: 2026:KHC-K:2236 WP No. 203151 of 2017 HC-KAR Bangalore to Raichur. The said order was questioned by the respondent before the jurisdictional Labor Court by filing a petition under Section 2A(2) of the Industrial Dispute Act, 1947. The Labour Court, vide award dated 07.02.2017 passed in Reference No.40/2016 has partly allowed the petition and has set aside the order of dismissal passed against the respondent and directed the petitioners herein to reinstate the respondent-workman with continuity of service, with the last pay drawn, without cost, withholding three annual increments with cumulative effect and also without back wages. Aggrieved by the said award, the petitioners are before this Court.
4. Learned counsel for the petitioners having reiterated the grounds urged in the memorandum of petition submits that petitioner is a person with antecedents and as many as 61 cases of misconduct were registered against him earlier, for which minor punishments were imposed. Since, the petitioner is a repeat offender, the punishment passed by the disciplinary -4- NC: 2026:KHC-K:2236 WP No. 203151 of 2017 HC-KAR authority was justified and the Labour Court ought not to have set aside the order of dismissal passed against him.
5. Per contra, learned counsel for the respondent submits that respondent-workman has now retired from service. The Labour Court, taking into consideration the seriousness of the charge framed against the respondent, directed to withhold three annual increments with cumulative effect, while setting aside the order of dismissal. He submits that the modified punishment imposed on the respondent by the Labour Court is just and proper, which needs no interference. Accordingly, he prays to dismiss the writ petition.
6. Allegation against the respondent-workman in the present case is that on 17.08.2009 when he was on duty as a conductor on route from Bangalore to Raichur, the bus in which he was performing duty was checked by the checking squad and it was found that respondent who had received a sum of Rs.192/-, had not issued ticket to a child passenger. Under these circumstances, after issuing -5- NC: 2026:KHC-K:2236 WP No. 203151 of 2017 HC-KAR a show cause notice to the respondent, domestic enquiry was held against him and based on the report of the enquiry officer, the disciplinary authority had passed the order dated 07.08.2013, dismissing the respondent from service.
7. The Labour Court has held that the domestic enquiry conducted by the management was fair and proper and it has also held that the management had proved the misconduct of the respondent. The Labour Court, placing reliance on various orders passed by this Court, which are referred to in paragraph No.15 of its order, has held that the order of punishment passed against the workmen is disproportionate to the proved misconduct and it is under these circumstances, the petition under Section 2A(2) of the Industrial Dispute Act, 1947 was partly allowed and the order of dismissal was set aside. The Labour Court while directing reinstatement of the respondent with continuity of service with last pay drawn, without cost, has also directed to withhold three -6- NC: 2026:KHC-K:2236 WP No. 203151 of 2017 HC-KAR annual increments with cumulative effect and has further observed that the workman is not entitled for back wages.
8. In my considered opinion, the order passed by the Labour Court is just and proper and the punishment now imposed on the workmen is proportionate to the proved misconduct. It is also brought to the notice of this Court that respondent-workman is now retired.
9. Under these circumstances, I do not find any good ground to interfere with the impugned order of the Labour Court. Accordingly, petition is dismissed.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE NJ List No.: 1 Sl No.: 37 Ct:pk