Partly allowed

Sri. Shevu S/O Revu Chavan v. the Divisional Controller Nekrtc

Karnataka HC14 Aug 2012WP/80109/2012

Case brief

AI extract

What is this about?

The High Court of Karnataka partly allowed a writ petition seeking quashing of an impugned award dismissing the petitioner's claim for reinstatement. The Court held that dismissal without approval under Section 33(2)(b) of the Industrial Disputes Act is void pending the final outcome in a Division Bench appeal.

What did the court decide?

The impugned order dated 01.08.2011 in KID No. 67/2010 is modified directing the respondent Corporation to reinstate the petitioner with continuity of service and consequential benefits without backwa

Sri. Shevu S/O Revu Chavan Vs the… — Labour and Industrial Disputes | Karnataka HC (2012)

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IN THE HIGH COURT OF KARNATAKA

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CIRCUIT BENCH AT GULBARGA

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DATED THIS THE 14^TH DAY OF AUGUST, 2012

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BEFORE

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THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS

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W.P. No. 80109/2012 (L-KSRTC)

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BETWEEN

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SHEVU S/O REVU CHAVAN AGE 41 YRS, OCC.NIL R/O BHUTANALA TANDA TQ & DIST. BIJAPUR. ... PETITIONER

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(By Sri. SANJAY M JOSHI & PRAKASH S MAISALGI, ADVS.)

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AND

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THE DIVISIONAL CONTROLLER NEKRTC BIJAPUR DIVISION BIJAPUR – 586 103.

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... RESPONDENT

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(By Sri. SUDHIR SINGH R VIJAPUR, ADV.)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER OF DISMISSAL PASSED BY THE RESPONDENT UNDER NO: Ea.Ka.Ra.Sa/Vi.Vi/ Sibbandhi/Gai.Ha/343/08/170/10 DATED 17.04.2010 AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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In this writ petition the petitioner has prayed for a writ in the nature of certiorari to quash the order dated 01.08.2011 in KID No. 67/2010 passed by the labour Court at Bijapur rejecting the claim petition.

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Petitioner was a driver in the respondent Corporation. For misconduct articles of charges were issued, enquiry was held and on 17.04.2010 the petitioner was dismissed from service. Aggrieved by this order of dismissal the petitioner raised a dispute before the labour Court under Section 10(4-A) of the Industrial Disputes Act (for short `the Act') in KID No. 67/2010. On contest the labour Court passed the impugned award dismissing the claim petition. Hence, this writ petition.

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It is not in dispute that in I.D. No. 148/2005 pending on the file of the Industrial Tribunal, Bangalore, the Charter of Demands

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raised by the KSRTC Staff and Workers Federation is pending. Petitioner herein is a concerned workman. The action of the respondent Corporation in having not sought approval of termination of the petitioner from service by filing an application under Section 33(2)(b) of the Act is void and inoperative in view of the law declared by the Apex Court in the case of Jaipur Jilla Sahakari Bhoomi Vikas Bank Vs. Sri. Ram Gopal Sharma, AIR 2002 SC 643. This Court in identical circumstances in W.P. No. 60395/2012 vide order dated 13.07.2012 directed reinstatement and other benefits.

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Learned counsel for petitioner workman submits that the petitioner would give up the full backwages if reinstated into service with consequential benefits and continuity of service within a time frame.

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Learned counsel for the respondent Corporation submits

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that the issue relating to Section 33(2)(b) of the Act is pending before a Division Bench of this Court in W.A. No. 1159/2012 and connected matters.

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In the circumstances the following;

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O R D E R

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i. Writ petition is partly allowed. ii. The impugned order dated 01.08.2011 in KID No. 67/2010 passed by the labour Court at Bijapur is hereby modified directing the respondent Corporation to reinstate the petitioner workman into service with continuity of service and consequential benefits and without backwages on or before 14.09.2012.

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iii. This order is subject to the final outcome in W.A. No. 1159/2012 and connected matters.

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Sd/JUDGE LRS.

Sri. Shevu S/O Revu Chavan v. the Divisional Controller Nekrtc

Case brief

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Sri. Shevu S/O Revu Chavan v. the Divisional Controller Nekrtc

Case brief

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