In a PIL filed by Samarpana regarding damages from illegal strikes by BMTC and KSRTC employees, the Court noted substantial actions taken by the corporations against employees. The writ petition regarding recovery of losses was dismissed with a stay on investigations for three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2021
PRESENT
THE HON'BLE MR.SATISH CHANDRA SHARMA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.3755/2021 (GM-RES-PIL)
BETWEEN
SAMARPANA (CULTURAL AND SOCIAL SERVICE ORGANISATION) NO. 7-B, 19TH 'C' MAIN ROAD 1ST BLOCK, RAJAJINAGAR BANGALORE - 560 010 REPRESENTED BY ITS GENERAL SECRETARY SRI SHIVAKUMAR HOSAMANI AGED 52 YEARS S/O LATE SRI NAGANNA
... PETITIONER
(BY SRI G.R.MOHAN, ADV.)
AND:
2
KARNATAKA STATE ROAD TRANSPORT CORPORATION CENTRAL OFFICE, SHANTHINAGAR BENGALURU - 560 027
... RESPONDENTS
(BY SRI V.SREENIDHI, AGA FOR R1 AND R2 SMT H.R.RENUKA, ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR DIRECTIONS TO THE RESPONDENTS TO TAKE NECESSARY STEPS FOR RECOVERY OF THE REVENUE LOSS TO THE TUNE OF RS.7,93,25,640/- ASSESSED AS PER ANNEXURE-C DATED 07/01/2021 FROM THE VARIOUS UNIONS/WORKMEN AND EMPLOYEES OF THE BMTC AND KSRTC AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ACTING CHIEF JUSTICE, MADE THE FOLLOWING:
ORDER
The petitioner, who is a voluntary organization registered in the name and style of 'Vinayaka Geleyara Balaga' which was later on changed into 'Samarpana', has filed the present public interest litigation being aggrieved by
the action of the employees serving Bangalore Metropolitan Transport Corporation ('BMTC' for short) and Karnataka State
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Road Transport Corporation ('KSRTC' for short) going on illegal strike.
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circumstances of the case in the interest of justice and equity.
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In all, the claim has been made for a sum of
Rs.2,66,34,510/- in the civil suit.
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view the reply filed by respondent No.3 that BMTC and KSRTC have certainly taken an action in the matter against the employees who went on the alleged illegal strike by dismissing them and by filing a suit for recovery of damages from the employees and also by registering the cases against them, there is no reason to interfere with action taken by the respondents.
Resultantly, the writ petition stands disposed of.
No order as to costs.
SD/ACTING CHIEF JUSTICE
SD/-
JUDGE
CS
2 issues framed by the court
Whether the High Court should interfere with actions taken by transport corporations against employees involved in an illegal strike.
Whether a grant of time is necessary to conclude investigation against striking employees.
Samarpana (Cultural and Social Service Organisation)
State of Karnataka
Bangalore Metropolitan Transport Corporation
Karnataka State Road Transport Corporation
Karnataka State Road Transport Employees League
Satish Chandra Sharma
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
