The High Court dismissed a writ petition filed by a former KSRTC driver seeking leave encashment benefits. The Court held that the entitlement was a disputed question of fact, which it could not examine, and thus the petition was devoid of merits.
Petitioner's request for leave encashment benefits was rejected; Writ Petition dismissed.
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.
NC: 2023:KHC:38438 WP No. 24136 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.24136 OF 2018 (S-KSRTC)
BETWEEN:
SRI. K.B.HONNURASWAMY AGED ABOUT 55 YEARS, S/O. K.O.BORAPPA, C/O. P.NAGENDRAPPA, NEAR RAILWAY STATION ROAD, CHITRADURGA - 575 502.
…PETITIONER
(BY SRI. RAJESH., ADVOCATE FOR SRI. S.B.MUKKANNAPPA., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SMT. H.R.RENUKA., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
NC: 2023:KHC:38438 WP No. 24136 of 2018
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Rajesh., learned counsel on behalf of
Sri.S.B.Mukkannappa., for the petitioner has appeared through video conferencing.
Smt.H.R.Renuka., learned counsel for the respondents has appeared in person.
as a Driver in the establishment of the Corporation. He was dismissed from service on 25.06.2005. He raised a dispute in
I.D.No.08/2006 before the III Addl. Labour Court, Bengaluru.
The Labour Court vide order dated:05.05.2012 set-aside the order of dismissal with a direction to reinstate the petitioner workman into service with full backwages from the date of dismissal till the date of reinstatement, continuity of service and all other consequential benefits. The Corporation questioned the order of Labour Court before this Court in W.P.No.2563/2013. During the pendency of the Writ Petition, the Corporation and the workman filed a joint memo and the Writ Petition was disposed of vide order dated:26.11.2013.
"Accordingly, the writ petition is disposed of in terms of the joint memo. The award passed by the Labour Court in I.D.No.8/2006 stands modified in terms of the joint memo. The respondent workman shall be reinstated into service with continuity of service and consequential benefits without back wages from the date of dismissal till the date of actual reinstatement. The respondent may be permitted to retire from service voluntarily as requested by him. The terminal benefits and monetary benefits shall be paid in terms of the scheme prevailing in the Corporation for disabled
employees consequent upon voluntary retirement. The petitioner Corporation shall comply with the order within two months from the date of receipt of a copy of this order."
NC: 2023:KHC:38438 WP No. 24136 of 2018
Corporation. For the reasons stated above, the Writ Petition is devoid of merits and it is liable to be dismissed.
Sd/JUDGE
TKN List No.: 2 Sl No.: 8
3 issues framed by the court
Whether the High Court can interfere in a disputed question of fact regarding leave encashment benefits.
Whether the Writ Petition challenging the rejection of leave encashment is devoid of merits.
Whether the endorsement issued by the Corporation regarding leave encashment benefits can be set aside.
2 provisions across 1 enactments
Sri. K.B.Honnurashwamy
The Managing Director, KSRTC
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
