The High Court allowed a writ petition challenging a Labour Court award set aside unreasonably dismissing a workman. The Court modified the award to remove back wages after the workman gave up the claim, remanding terminal benefits.
Award in I.D. No. 11/2011 set aside to the extent of granting back wages; other portion remains unaltered.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 18913 OF 2013 (L-KSRTC)
BETWEEN:
BANGALORE METROPOLITAN TRANSPORT CORPORATION, CENTRAL OFFICES, K.H. ROAD, SHANTHINAGAR, BANGALORE - 560 027. BY ITS DIVISIONAL CONTROLLER AND DISCIPLINARY AUTHORITY, REPRESENTED BY ITS, CHIEF LAW OFFICER.
…PETITIONER
(BY SMT. H. R. RENUKA, ADVOCATE)
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
AND:
GOVINDAIAH G., S/O. LATE. GIRIYAPPA, AGED ABOUT 52 YEARS, R/O NO.869, III CROSS, PREETHINAGAR, LAGGERE, BANGALORE - 560 058.
…RESPONDENT
(BY SRI. L. SHEKAR, ADVOCATE)
WP No. 18913 of 2013
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AWARD DATED 31.8.2012 PASSED BY THE III ADDL. LABOUR COURT, BANGALORE IN I.D. NO.11/2011 VIDE ANNEXURE-E AND ETC.,
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The respondent when working as driver in the petitionerCorporation was dismissed alleging that he was involved in the issuance of fake passes and also he was charge sheeted for the offence of forgery.
WP No. 18913 of 2013
passed the impugned order and the same does not warrant intereference.
ORDER
ii. The impugned award dated 31.08.2012 passed by the III Additional Labour Court, Bangalore in I.D.No.11/2011 is hereby set aside to the extent of granting back wages to the workman from the date of dismissal till the date of actual reinstatement i.e., 23.06.2013.
iii. The other portion of the award remains unaltered.
It is needless to state that the respondent-Workman having attained the age of superannuation on 30.06.2021, the petitioner-Corporation is obligated to settle the terminal benefits within a period of three month from the date of receipt of certified copy of this order.
Sd/JUDGE
RKA List No.: 1 Sl No.: 47 CT:PH
2 issues framed by the court
Whether the High Court should interfere with the Labour Court award when the dismissal was made without prior Tribunal approval.
Whether the Labour Court award granting back wages should be modified upon the workman's affidavit of giving up such claim.
2 provisions across 1 enactments
Bangalore Metropolitan Transport Corporation
Govindaiah G.
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
