Partly allowed

Mallappa S/O Sanganbasappa Barker v. the Divisional Controller Nekrtc

Karnataka HC7 Aug 2012WP/80627/2011

Case brief

AI extract

What is this about?

The High Court allowed the writ petition partly, modifying a labour court award to reinstate a dismissed driver with continuity of service and benefits but without backwages, subject to the outcome of a pending appeal regarding valid termination under Section 33(2)(b) of the Industrial Disputes Act.

What did the court decide?

Reinstatement into service with continuity of service and consequential benefits without backwages by 14.09.2012, subject to W.A. No. 1159/2012.

Mallappa S/O Sanganbasappa Barker 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 07^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. 80627/2011(L-KSRTC)

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BETWEEN

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MALLAPPA S/O SANGANBASAPPA BARKER AGE 49 YEARS OCC: NIL, (EX-DRIVER) R/O PLOT NO.22, JANAKI DEVI NIVAS OPP. DISTRICT COURT COMPLEX NAVARASPUR COLONY BAGALKOT ROAD BIJAPUR. ... PETITIONER (By Sri. P VILASKUMAR, ADV.) AND

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THE DIVISIONAL CONTROLLER NEKRTC BAGALKOT DVN BAGALKOT. … RESPONDENT (By Sri. SUBHASH S MALLAPUR, ADV.)

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THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT

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OF CERTIORARI FOR SETTING ASIDE THE AWARD OF THE PRESIDING OFFICER, LABOUR COURT AT BIJAPUR PASSED IN K.I.D. NO. 38/2009 DATED 13.07.2010 AND ETC.

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THIS 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 13.07.2010 in KID No. 38/2009 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 04.11.2009 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. 38/2009. 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

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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 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

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before a Division Bench of this Court in W.A. No. 1159/2012 and

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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 13.07.2010 in KID No. 38/2009 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.

Mallappa S/O Sanganbasappa Barker v. the Divisional Controller Nekrtc

Case brief

What is this about?

What did the court decide?

Mallappa S/O Sanganbasappa Barker v. the Divisional Controller Nekrtc

Case brief

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