High Court Karnataka High Court

Karnataka State Road Transport … vs Munavar Pasha on 20 July, 2009

Karnataka High Court
Karnataka State Road Transport … vs Munavar Pasha on 20 July, 2009
Author: Huluvadi G.Ramesh
 _A_§§!.3i€f}' O' 

IN THE HIGH COURT OF KARNATAKA AT 
BANGALORE '

DATED THIS THE 20*" DAY 0F JULY29095 f O 

THE H'()N'BLE MRJUSTICE 

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BETVVEEN:

Karnataka State Road
Transport Corporgiiqn,
Mysore Divisieitg  X '

Mysore,    '.  .
By its Di'vi3iQnal Ci*i?:*;2tzfoE'lc:r;._

Bannimantapa  "    

Represented by' 5i:i:s Qiiicf-_L;'1w_' 

(By Smt.i¥i...R-Refiu3§a;:w'A,r{§:§:"' 

V ' V _  ugtazrgr :AP2§;.;I'1&}
 O._'Sk1;)_.  Ghaiai,
Housae Ne§_3.28',~  ' ' "

Banfiimantapa,

   Mysofe.-5570001.

9%"

"PETITION ER

..RESP()NI)ENT

  fSri.S.B.Mukkannappa, Aciv. far CIR)



This Wfit Petifion is filed under Articles 226 and 227 of

the Constitution of India praying to quash the award 

passed by the Labcur Court, Mysore in I.D.N0,_I5§:5f'9i9'_' _

Anne:9LQ.   

This Writ Petition cemiiig .V:§$iaV_\forA"I*1e3:ingiii1;}ii§_;'da§r$ «ithe = L'

Court made the foliowingp 

vjumw~r'n-hi-'nu,

i0RDERi'i
 "byi'fihVe-iihriaiiageinent assailing the award
passed  ihe ikiiyisore in I.I.D.Nn.45f99 dated
23.9.05

i L i
ii iiileged unauthorised absence fhr four different

pefiéds from 2-53 months an enquiry was held mad the

i ii ‘ ;resp;<indéht–workman, Whfi was warking as Canductnr under the

– gsefitibner-Cerperation was dismissed from service, as against

ii iiiivhich, the workman raised a dispute before the labour Court,

Mysere, tinder Section 10(4~A) ofthe I.D.Ac.t. In the enquiry

JV

held, considering the leave application and other gmunds raised

by the workman, taken a lenient View in the matter the leimnr

Court ordered for reinstatement with 50% _

continuity of service and other c0nsequentia§”’be*:2e’fiie;’V.Being *

5 ‘

aggrieved by the same, the Managetnezgt

3. Heard.

4. It is brqgght to meragm gfghis that apart from
the said remained absent for 2~3

naonthsjhe’ was However, byevirtue 0f

the interizn €v;<iV_e;'.p£sVsée:Is this Court workman has reported

V' .$ubse<jfie'hfly he retired on superannuation and his

4V%V1f1ot:'_i~~settied. Although there is a justification in

pe§eing,__ihe,LA€ir€Tier of reinstatement, since he was found tn be a

ehresiieéfirsentee awarding 50% back wages is disproportionate.

5. In the circumstances, the award pamed by the labour

Court, Mysore is modified and it is urdered that the workman is

‘2

E,

not entitled tbr 50% back wages from th: date of dismissai till

he is reinstated. The Inst of the order of the labour

remains intact. Accmdingiy, petiticm is allowed in part.

Bkp.