The Management of Ksrtc v. Sri. Sikandar Butkurki
Case brief
What is this about?
This writ petition challenges the Labour Court's award which reinstated a driver cum conductor dismissed for unauthorized absence. The High Court held that the Labour Court ignored the employee's failure to procure and submit a leave application or medical certificate.
What did the court decide?
The award of Labour Court dated 29.12.2017 in IDA No.12/2015 is quashed and the dismissal order dated 28.07.2015 is confirmed.
What the court decided
- 1 - NC: 2023:KHC:40648 WP No. 26844 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.26844 OF 2018 (L-KSRTC)
BETWEEN:
THE MANAGEMENT OF KSRTC, MANGALORE DIVISION, BEJAI, MANGALORE - 4, NOW REPRESENTED BY CHIEF LAW OFFICER, KSRTC, CENTRAL OFFICE, SHANTHINAGAR, SARIGE SADANA, BANGALORE - 560 027.
…PETITIONER
(BY SMT.H.R.RENUKA., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
SRI. SIKANDAR BUTKURKI S/O MOULA SAAB KARAASAAB BUTKURKI, AGE: UNKNOWN, C/O RAJESSA BHAGVAN, POST GODANCHI, RAMADURGA TALUK, BELGAUM DISTRICT - 591 114.
Issues for consideration
2 issues framed by the court
Whether the award of the Labour Court setting aside the dismissal order in a case of unauthorized absence requires interference by this Court.
Whether the Labour Court erred in disregarding the failure of the respondent to submit a leave application or medical certificate as required by the employer's rules.
Parties & counsel
- petitioner
The Management of KSRTC, Mangalore Division [S/o Mula Saab Karasaab Butkurki]
- respondent
Sikandar Butkurki
Coram
Jyoti Mulimani
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · November
- Registered
- Case no.
- WP/26844/2018
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