Partly allowed

Divisional Controller v. Afsarpasha S/O Appasaheb Jahagidar

Karnataka HC7 Aug 2012WP/80239/2012

Case brief

AI extract

What is this about?

This High Court order modified a Labour Court award reinstating a dismissed workman. Instead of full backwages, reinstatement with 25% backwages was directed pending the final outcome of a related appeal regarding pre-termination approval sections. The decision remains subject to the outcome in W.A. No. 1159/2012.

What did the court decide?

Impugned award modified directing reinstatement with 25% backwages, continuity of service, and benefits by 14.09.2012, subject to the outcome in W.A. No. 1159/2012.

Divisional Controller Vs Afsarpasha S/O… — 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 7^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. 80239/2012 (L-KSRTC)

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BETWEEN :

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THE DIVISIONAL CONTROLLER NEKRTC, BIJAPUR DIVISION NORTH EAST KARNATAKA STATE ROAD TRANSPORT CORPORATION REP. BY ITS CHIEF LAW OFFICER SARIGE SADAN GULBARGA. ... PETITIONER (By Sri. SUDHIRSINGH R VIJAPUR, ADV.)

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AND

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AFSARPASHA S/O. APPASAHEB JAHAGIRDAR AGE 52 YRS OCC. CONDUCTOR R/O. INDIRA NAGAR KHB COLONY H. No. HIG14, JM ROAD BIJAPUR, DIST: BIJAPUR - 586101. ... RESPONDENT (By Sri. P VILAS KUMAR, ADV.)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED AWARD DATED 05.09.2011 IN KID No. 3/2011 AND ETC.

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THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this writ petition the Corporation has called in question the impugned award dated 05.09.2011 in KID No. 3/2011 passed by the labour Court at Bijapur directing reinstatement of respondent workman with full backwages, continuity of service and consequential benefits.

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The respondent was a conductor in the petitioner

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Corporation. For misconduct articles of charges were issued, enquiry was held and on 25.09.2010 the respondent workman was dismissed from service. Aggrieved by this order of dismissal the respondent workman approached the labour Court under Section 10(4-A) of the Industrial Disputes Act (for short `the Act') in KID No. 3/2011. On contest the labour Court passed the impugned award directing

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reinstatement of the workman with full backwages, continuity of service and consequential benefits. 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 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 respondent workman submits that the workman will restrict the claim of backwages to 25% subject to the petitioner Corporation reinstating the workman within a time frame.

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