Karnataka State Road Transport ... vs B Thippeswamy
2021 Latest Caselaw 5121 Kant

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   IN THE HIGH COURT OF KARNATAKA, BENGALURU

        DATED THIS THE 30TH DAY OF NOVEMBER, 2021

                          BEFORE

    THE HON'BLE MR.JUSTICE S.R.KRISHNA KUMAR

         WRIT PETITION No.64728 OF 2016 (L-KSRTC)
BETWEEN:

KARNATAKA STATE ROAD
TRANSPORT CORPORATION
TUMKUR DIVISION,
TUMKUR,
BY ITS DIVISIONAL CONTROLLER,
REPRESENTED BY ITS CHIEF LAW OFFICER.

                                          ...PETITIONER
(BY SMT. H.R. RENUKA, ADVOCATE)

AND:

B THIPPESWAMY

SINCE DECEASED BY HIS LR'S
R(i)  Y. VIJAYAMMA
      W/O LATE B THIPPESWAMY
      AGED ABOUT 34 YEARS

R(ii)     SHUBA T.
          D/O LATE B THIPPESWAMY
          AGED ABOUT 16 YEARS

R(iii)    UDAYA T.
          S/O LATE B.THIPPESWAMY
          AGED ABOUT 14 YEARS

R (iv) TEJU T.
       S/O LATE B.THIPPESWAMY
       AGED ABOUT 8 YEARS

R(ii) TO (iv) ARE MINORS
REPRESENTED BY THEIR MOTHER
AND NATURAL GUARDIAN
RESPONDENT NO (i)
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ALL R/O
NAYAKANAHALLI VILLAGE
AMBEDKAR NAGAR
CHALLAKERE TALUK
CHITRADURGA DISTRICT
                                           ...RESPONDENTS
(BY SRI V.S.NAIK, ADVOCATE FOR LR'S OF R1,
    R(2) TO (4) ARE MINORS REP. BY LR'S OF R1)

       THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD
OF THE PRL. LABOUR COURT, BENGALURU IN I.D.1/2015 DATED
21.1.2016 AT ANNEX-H AND ETC.

     THIS W.P. COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:-

                            ORDER

This petition is directed against the impugned judgment

and award dated 21.01.2016 passed in I.D.No.1/2015 by the

Presiding Officer, Prl. Labour Court, Bengaluru, whereby the

Labour Court allowed the claim petition filed by the respondent /

workman in-part thereby setting aside the order of termination

dated 16.11.2012 passed by the petitioner / Corporation and

directed the petitioner to reinstate the respondent / workman into

service without back wages with continuity of service and by

withholding two annual increments.

2. Heard learned counsel for the petitioner and

learned counsel for the respondent and perused the material on

record.

3. A perusal of the material on record including the

impugned judgment and award will indicate that the Tribunal has

not properly and correctly considered and appreciated the entire

material on record including the pleadings and evidence of the

parties in their correct prospective and this has resulted in

erroneous conclusion leading to the impugned judgment and

award.

4. In view of several errors in the impugned judgment

and award though several contentions have been urged by both

sides in support of their respective claim, without expressing any

opinion on the merits / demerits of the rival contentions, I deem

it just and proper to set aside the impugned judgment and award

and remit the matter back to the Labour Court for

reconsideration afresh in accordance with law. During

pendency of this petition, the sole respondent / workman -

Sri. B. Thippeswamy having expired, his legal representatives

have been brought on record in the present petition. Under

these circumstances, I deem it fit and proper to also direct the

Labour Court to permit the legal representatives of the deceased

respondent to amend the cause title and prosecute said

I.D.No.1/2015 by issuing necessary directions in this regard.

5. In the result, I pass the following:

ORDER

i) Petition is hereby allowed.

ii) The impugned judgment and award dated

21.01.2016 passed in I.D.No.1/2015 by the

Presiding Officer, Prl. Labour Court,

Bengaluru is hereby set aside.

iii) Matter is remitted back to the Labour Court

for reconsideration afresh in accordance

with law after providing sufficient and

reasonable opportunity to both sides within

a period of six months from the date of

receipt of a copy of this order.

     iv)    Labour Court is directed to treat the legal

            representatives     of    the   respondent    /

workman as legal representatives of the first

party in I.D.No.1/2015 and permit the said

legal representatives to carry out necessary

amendment to the cause title and prosecute

the matter.

v) All rival contentions of both sides are kept

open to be decided by the Labour Court and

no opinion is expressed on the same.

SD/-

JUDGE

SV