High Court Karnataka High Court

The Divisional Controller Ksrtc vs R S Belavadhi on 18 July, 2008

Karnataka High Court
The Divisional Controller Ksrtc vs R S Belavadhi on 18 July, 2008
Author: H.G.Ramesh
I
W.P.NO. 16968/2005

IN THE HIGH COURT OF' IKARIIATAKA A1' EAHGALORE
DATED TI-I13 THE 18" DAY OF JULY 2008

BEFORE

THE Homnm uxwsncn rm. nausea.  '

W.P.lI0.1.6968[ 2005 |g|

BETWEEN :

THE DIVISIONAL CONFROLLER
K.S.l?2.'I'.C

KOLAR DIVISION

KOLAR  . '~  

BY ITS CHIEF' LAW OFFICER .  _   rx*mm!mn

(BY SR1 N.K.RAMESH,ADV.)    ; '

AND: _
RSBELAVADH1   .. 2  
AGED ABOUT 53 YEARS"    L * _

S/0 SHIVANAPPA.   '   ..  
Div'.RAMAC3-IA1~¥DRfiPPP;::QOM_PG1}ND"----~.... 
PATELBEEJDHI  2. _  .
URGANPE? 0 .   '

(BY SR1 s1.13.MUI<§<ANNAVPPA,'AD9v.1

.,mLE§' U¥-EBER ARTICLES 225 85 227 OF THE

 'COfAW$Ti'lu'U'IfI'0i5I -Q}<*~.IIflDIA PRAYING TO QUASH THE IMPUGNED

AWARE) v1a.%a:--«.;;N:§}A,.i.~DT. 30.10.04 BY ma II ADDL. LABOUR

   coUS<*1f,"BA:~zCuéx':;g'.)I:9'E §N IB.N0.48/01.

THIS 'K71? COMING ON FOR FINAL HEARING THIS DAY,

 f '  coxgm MADE THE FOLLOWING:



2
ORDER

W.P.NO. 16968/2005

This writ petition by the Karnataka State Rmgi

Transport Corporation is directed against the

dated 30.10.2004 passed by the 11 Addi%:iona}..”‘i:;at:i§1 .:::;¥.?” ~

Court, Bangalore,inI.D.No.48/2O0J:;~By4t11é§.ifi;fi>§igfiéd.’_}é.

award, the Labour Court has aflowtéci ?”

by the respondenvconductor of

the Industrial Disputes» . ‘[‘as” ariiendezi in
Karnataka] challengng passed
by the pefifionegfi
absence for to 29.7.1999
[69 days]V;V”I’hc;: aside the order of
dismissalTL data: and has directed

reinstatement'”‘ of service but without

The was directed to be fieatnd as

If no leave was available. to treat it

1 as allowance. It is statcd that drum’ g

pendsfiey of this writ pefition, the respondent

‘V the age of su :;§fi’on and till the age of

W.P.NO.16968/2005

superannuation he received the benafit as A4

under Sectiosn 17-8 of the I.D.Act. _

2. I have heard the learned ‘A 7

and perused the impugned 3

Learned counsel appearing for
that on the facts the not
justified in of
punishment. from €316:

service. It reasoning
of the the order of

. V. regébrt of the enquiry oflicer has

mind to the facts and
aw ofthe case mac’ pendently and
0? y come to a wrong conclusion that

of the fist party workman was

Vabove, the enquiry qflieer hirnself has fitted

mm omgioaze produced by the first

party workman being the reason for his

/

5&7

w.1=>. NO. 16963/2005

absence. Under these circumstances, the

disciplinary autharity ought not to
imposed a severe punishment like ” ‘ ‘

from service against the first party 1:./.11′

is also pemnen’ t to note here A_ ” A

1.1.1975 to till the
19.12.2000 he has not bee.111tgmzu¢a1a;e
misconduct
of the cnrporcttton’ . the
above, that tfge verder”bf 1 by
the seconel iiabte to be

full ‘Of service and other
“tit. counter statement have

._ unauthorised absence of the
I étierfkmwz on 8 fibres in the past

3 days to 74 days between
Octebeig. 1991 to Novernber 1997. The fix-st

_ Looking to thepast misconduct of
first party workman and the facts and

c:’rcumstanoesoftheease, Iamoftheapinion

SAM

W.P.N0.l6968/2005

However, he is entitledfor continuation ofhis

3. On. the facts of the case, it cannot be’
the modification of punishment mafia :7
Court is arbiflaly to
extraordjnaxy jurisdiction, of Artkfies

226 & 227 ofthe consmufiag;

Pr] ~Ata