The Karnataka High Court allowed a writ petition filed under Articles 226 and 227 of the Constitution of India, seeking certain reliefs. The Court observed that the managerial decision imposing a minor penalty is absolute and the same cannot be modified in the exercise of power under Section 11A of the Industrial Disputes Act.
Brief Facts:
The respondent was a Conductor. He came under a disciplinary inquiry for the act of misconduct i.e., non-issue of tickets. He was imposed with a minor penalty withholding one increment permanently on 29.09.2006. The delinquent raised the dispute after a lapse of two and a half years. The Industrial Tribunal vide award dated: 12.06.2013 set aside the order of punishment. It is this Award that is called into question in this Writ Petition on several grounds.
The Court noted that the point that requires consideration is whether the award of the Tribunal requires interference by this Court.
The Court observed that the Tribunal erred in modifying the imposition of a minor penalty. This modification is without jurisdiction in as much as the Tribunal has no power to modify the minor penalty. It should have been seen that under Section 11A of the Industrial Disputes Act, it could not have been pressed into service in respect of the minor penalty. The Tribunal erred in modifying the minor penalty despite affirming the misconduct. The managerial decision imposing a minor penalty is absolute and the same cannot be modified in the exercise of power under Section 11A of the Industrial Disputes Act.
The decision of the Court:
The Karnataka High Court, allowing the petition, held that the Award dated 12.06.2013 passed by the Industrial Tribunal, I.D.No.166/2009 is set aside.
Case Title: Divisional Controller of KSRTC v Sri G. Kenchappa
Coram: Hon’ble Justice Jyoti Mulimani
Case no.: WRIT PETITION NO. 28109 OF 2014 (L-KSRTC)
Advocate for the Petitioner: Mr. Hareesh Bhandary. T
Advocate for the Respondents: Mr. H. K. Komal
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