Partly allowed

Shivaji S/O Ramachandra Kshatriya v. the Divisional Controller, Nekrtc, Bijapur Dvn.

Karnataka HC14 Aug 2012WP/80136/2011

Case brief

AI extract

What is this about?

In a writ petition under Articles 226 and 227, the High Court of Karnataka modified an impugned labour court award. The Court directed reinstatement of the dismissed conductor with continuity of service and benefits attributable, without backwages, subject to a pending appeal on Section 33(2)(b) compliance.

What did the court decide?

The impugned labour court order is modified to direct reinstatement of the petitioner with continuity of service and consequential benefits without backwages, subject to a pending appeal.

Shivaji S/O Ramachandra Kshatriya Vs the… — Pension and Retirement Benefits | 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. 80136/2011 (L-KSRTC)

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BETWEEN

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SHIVAJI S/O RAMACHANDRA KSHATRIYA AGE 48 YEARS OCC: EX-CONDUCTOR, R/O : NEAR KANNADA GOVT. BOYS SCHOOL AMBEDKAR CIRCLE, A/P: INDI, DIST. BIJAPUR. ... PETITIONER

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

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THE DIVISIONAL CONTROLLER NEKRTC, BIJAPUR DVN. BIJAPUR.

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... RESPONDENT

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(By Sri. R V NADAGOUDA, ADV.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD OF THE LABOUR COURT BIJAPUR IN KID NO.12/2010 DATED 9.9.2010 AT ANNEXURE-B 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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ORDER

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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 09.09.2010 in KID No. 12/2010 passed by the labour Court at Bijapur rejecting the claim petition.

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Petitioner was a conductor in the respondent Corporation. For misconduct articles of charges were issued, enquiry was held and on 21.01.2010 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. 12/2010. 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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6. 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 09.09.2010 in KID No. 12/2010 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

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LRS.

Shivaji S/O Ramachandra Kshatriya v. the Divisional Controller, Nekrtc, Bijapur Dvn.

Case brief

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What did the court decide?

Shivaji S/O Ramachandra Kshatriya v. the Divisional Controller, Nekrtc, Bijapur Dvn.

Case brief

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