[Cites 3, Cited by 0]
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
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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
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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
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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
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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
