Shri G.N. Nataraj v. the Divisional Controller
Case brief
What is this about?
Petitioner challenged the Labour Court order dismissing his claim against Karnataka Road Transport Corporation for dismissal from service. Court held that failure to cross-examine witnesses whose statements led to the charge sheet violated natural justice. Labour Court order set-aside and matter remitted for fresh enquiry.
What did the court decide?
Order of Labour Court set-aside for violation of natural justice; matter remitted for fresh consideration of enquiry fairness within nine months.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2020
BEFORE
THE HON’BLE MR. JUSTICE M.NAGAPRASANNA
WRIT PETITION NO.22733 OF 2015 (L KSRTC)
BETWEEN:
Shri.G.N.Nataraj S/o Chikkananjappa, Aged about 38 years, Occ: Ex. Driver, R/at N.Gollahalli, Kopleri Hobli, Kolar Taluk, Kolar District – 563101.
… Petitioner
(By Sri.G.A. Srikante Gowda, Advocate)
AND:
The Divisional Controller, Karnataka Road Transport Corporation Ltd., Kolar Division, Kolar – 563101.
Issues for consideration
3 issues framed by the court
Whether a departmental enquiry conducted without cross-examining witnesses whose statements formed the basis of the charge sheet violates principles of natural justice?
Whether the Labour Court erred in holding a domestic enquiry fair when key witnesses were not examined?
Whether the order of the II Additional Labour Court dismissing the claim petition violates natural justice due to non-examination of witnesses?
Parties & counsel
- petitioner
Shri.G.N.Nataraj
- respondent
The Divisional Controller, Karnataka Road Transport Corporation Ltd.
Coram
M. Nagaprasanna
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · October
- Registered
- Case no.
- WP/22733/2015
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