Karnataka High Court
M/S Rmc Readymix (India) Pvt Ltd vs P P Appanna on 20 November, 2023
Bench: Chief Justice, Krishna S Dixit
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WA No. 1017 of 2023
C/W WA No. 246 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF NOVEMBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 1017 OF 2023 (L-TER)
C/W
WRIT APPEAL NO. 246 OF 2023 (L-TER)
IN WA No.1017/2023
BETWEEN:
P P APPANNA
S/O P POOVAIAH,
AGED ABOUT 53 YEARS,
NO. 24, VENKATESHWARA NILAYA,
BACHANNA LAYOUT, 1ST MAIN, 1ST CROSS,
B.CHANNESANDARA,
BENGALURU-560 043.
...APPELLANT
(BY SMT.MAITREYI KRISHNAN.,ADVOCATE)
Digitally
signed by AND:
SHARADA
VANI B
Location: M/S RMC READYMIX (INDIA) PVT LTD
HIGH REPRESENTED BY ITS VICE PRESIDENT
COURT OF YELAHANKA UNIT
KARNATAKA
BENGALURU-560 064.
...RESPONDENT
(BY SRI. B C PRABHAKAR.,ADVOCATE)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE
LEARNED SINGLE JUDGE DATED 24.01.2023 IN WP No-
4693/2012 (S-TER) IN SO FAR THE PUNISHMENT OF WITH
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WA No. 1017 of 2023
C/W WA No. 246 of 2023
HOLDING FOUR ANNUAL INCREMENTS WITH CUMULATIVE
EFFECT AND THE DENIAL OF FULL BACKWAGES AND
CONSEQUENTLY ALLOW THE WRIT PETITION ETC.
IN WA NO.246/2023
BETWEEN:
M/S RMC READYMIX (INDIA) PVT LTD
YELAHANKA UNIT
BENGALURU - 560 064
A COMPANY REGISTERED UNDER THE
COMPANIES ACT, 1956 AND IS ENGAGED IN
MANUFACTURE OF READYMIX OF CONCRETE AND
SUPPLY THE SAME TO ITS CUSTOMERS IN AND
AROUND BANGALORE CITY.
REPRESENTED BY ITS CHAIRMAN
...APPELLANT
(BY SRI. B.C.PRABHAKAR., ADVOCATE)
AND:
P P APPANNA
S/O P POOVAIAH,
AGED ABOUT 53 YEARS,
NO. 24, VENKATESHWARA NILAYA,
BACHANNA LAYOUT, 1ST MAIN, 1ST CROSS,
B.CHANNESANDARA,
BENGALURU-560 043.
...RESPONDENT
(BY SMT.MAITREYI KRISHNAN.,ADVOCATE)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
24.01.2023 PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO. -4693/2012 (L-TER).
THESE APPEALS, ARE COMING ON FOR PRELIMINARY
HEARING, THIS DAY, CHIEF JUSTICE DELIVERED THE
FOLLOWING:
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WA No. 1017 of 2023
C/W WA No. 246 of 2023
JUDGMENT
These two intra-court appeals seek to lay a challenge
to a learned Single Judge's order dated 24.01.2023.
W.A.No.246/2023 is filed by the Management whereas,
the companion W.A.No.1017/2023 is filed by the
Workman.
2. Learned counsel appearing for the Management
submits that the learned Single Judge grossly erred in
setting aside the labour court award rejecting workman's
challenge to his dismissal from service itself inasmuch as
the workman had not lead any evidence before the labour
court and that all documents were produced only before
the learned Single Judge, with no explanation whatsoever
for not producing the same earlier. So arguing
vociferously, learned counsel seeks voiding of the
impugned order which levies the lesser penalty of without
of four annual increments with cumulative effect and
directs reinstatement of the workman with continuity of
service but sans back wages.
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WA No. 1017 of 2023
C/W WA No. 246 of 2023
3. Per contra, learned counsel appearing for the
Workman submits that the learned Single Judge's order to
the extent of levying a lesser penalty of withholding of four
increments with cumulative effect and also denying the
entire back wages is liable to be set at naught. In support
of this submission, he points out that the very misconduct
itself is misconceived and in any way the reinstatement
should result into an award for the payment of back
wages, as a Rule. Therefore, she argues, the impugned
order to the extent of levy of penalty and denial of back
wages be set at naught.
4. Having heard the learned counsel for the parties
and having perused the appeal papers, we decline
indulgence in both the appeals, being broadly in
agreement with the reasoning of the learned Single Judge.
The submission advanced on behalf of the Management
that because of the misconduct, the workman was levied
with the punishment of dismissal from service and
therefore, the learned Single Judge ought to have upheld
the labour court award which in turn, had approved the
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punishment of dismissal from service, appears to be too
farfetched an argument. When the award is challenged in
writ jurisdiction, it is open to the learned Single Judge to
examine whether the punishment was disproportionate to
the gravity of the guilt. From the records, we see that the
alleged misconduct was not that grave as would warrant
dismissal from service. Therefore, the learned Single
Judge rightly observed that the punishment of the kind
shook his conscience and therefore, levy a lesser penalty
namely, the withholding of four annual installments
coupled with denial of back wages. We see no reason to
undertake a deeper examination of the same, the intra-
court appeal apparently being of limited scope.
5. The vehement submission of the learned
counsel for the Management that after the domestic
enquiry was held, the workman was dismissed from
service and that in his I.D.No.45/2005, he had not lead
any evidence is true. However, the learned Single Judge in
his discretion had taken the evidentiary material produced
by the workman on record and that cannot be readily
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faltered. The fact that the minor daughter of the workman
had heart relating ailment and she had undergone surgery
for the same, is not in dispute, although its timing is
contested. That rightly weighed with the learned Single
Judge in taking the evidentiary material on record and
examining the gravity of the matter in the light of that. If
a workman fails to produce evidentiary material before the
labour court, in no circumstance, he shall be permitted to
produce the same before the writ court, is yet to be
evolved as a binding Rule of Procedure.
6. Learned counsel appearing for the workman is
not justified in contending that the learned Single Judge
ought not to have levied any penalty on the workman and
that the ought to have awarded full back wages. As
already observed above, the learned Single Judge having
considered all aspects of the matter has found the
workman guilty; however, he scaled down the punishment
to suit to the gravity of the guilt. That is the reason as to
why he rightly denied back wages despite directing
reinstatement with continuity of service.
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7. The last submission of the learned counsel for
the workman that the application filed under Section 17(B)
of the Industrial Disputes Act, 1947 needs to be
considered on merits, is unworthy of acceptance inasmuch
as we are dismissing both the appeals on merits.
In the above circumstances, these appeals being
devoid of merits are liable to be and accordingly
dismissed, costs having been made easy.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
SNB/KPS
