Writ petition filed quashing an endorsement rejecting requests for compassionate appointment. Court directed respondent to reconsider matter based on Labour Court award deeming service continued till death.
Petition allowed. Respondent No. 2 directed to reconsider the matter not later than two months from receipt of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 9TH DAY OF OCTOBER 2012
BEFORE
THE HON'BLE MR. JUSTICE SUBHASH B. ADI WRIT PETITION No.34874/2012(S-KSRTC)
BETWEEN :
SMT. VASANTHA AGED ABOUT 52 YEARS W/O LATE SELVA KUMAR C/O R. LAKSHMAIAH NAIDU, NO.3291, NAGAMMA LAYOUT, KAVALBYRSANDRA,R.T. NAGAR POST, BANGALORE-22
...PETITIONER
( BY SRI.S B MUKKANNAPPA, ADV.,)
AND :
2
SHANTHINAGAR, BANGALORE-27
...RESPONDENTS
( BY SMT. H.R.RENUKA, ADV.,)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DT.30.6.12, AT ANN-F, ISSUED BY THE R2, UNDER THE FACTS & CIRCUMSTANCES OF THE CASE.DIRECT THE RESPONDENTS TO RE-CONSIDER THE REQUEST OF THE PETITIONER FOR APPOINTMENT TO HER DAUGHTER SHYLAJA ON COMPASSIONATE GROUNDS FORTHWITH, UNDER THE FACTS & CIRCUMSTANCES OF THE CASE.
THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Smt. H.R. Renuka, learned counsel is directed to take
notice for the respondents.
F, rejecting the request of the petitioner for compassionate appointment on the ground that, the deceased workman had not died while he was in3
employment.
3. The facts, which are not in dispute are that:
The deceased workman was dismissed from service by
order dated 11.08.2004. As against the order of dismissal, the deceased had sought for reference in No.3/2009 before the Third Additional Labour Court. While the said reference was pending, the workman died and his legal representatives were brought on record. The Labour Court, by its award dated 24th October 2011, has set aside the order of dismissal and has treated the workman as having continued in service till his death. The award in reference reads as under:-
“ Reference under Section – 10(1)(c) and (d) of Industrial Disputes Act, 1947 filed by the First Party applicants who are the legal representatives of the deceased workman, above named against the second party management is allowed in part and thereby the order of dismissal dated 11.08.2004 passed by the second party management of
4
dismissing the workman Selvakumar from service is set aside and in view of the fact that the workman has breathed his last and hence, he is deemed to have continued in service till the date of his death having the effect of continuity of service only for the terminal benefits arising out of the death of the workman while on duty. “
setting aside the order of dismissal and treating the deceased workman as having continued in service till his death, the Corporation should have taken into consideration the nature of the award and its implications and the question as to whether it entitles the legal representatives of the deceased to seek compassionate appointment. Without referring to the award and without considering the same, the second respondent has issued the impugned endorsement. Hence, I find that, the Corporation is required to reconsider the matter.
Accordingly, the petition is allowed. The second
5
respondent is directed to reconsider the matter in the light of the award passed by the Labour Court as early as possible not later than two months from the date of receipt of copy of this order.
Sd/JUDGE
sma
2 issues framed by the court
Whether the respondent Corporation is required to reconsider the petitioner's request for compassionate appointment to her deceased husband's daughter in light of a Labour Court award.
Whether the Labour Court award setting aside the dismissal order and treating the workman as continuing in service till death entitles legal representatives to seek compassionate appointment.
2 provisions across 2 enactments
Smt. Vasantha
The Managing Director, Bangalore Metropolitan Transport Corporation
The Chief Personnel Manager, Bangalore Metropolitan Transport Corporation
Subhash B. Adi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court