Writ petition challenging an Industrial Tribunal award confirming a Labour Court order reducing basic pay by withholding three increments for alleged unauthorized absence. The High Court found no perversity or arbitrarity.
No relief; penalty upheld.
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 24TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO. 28616 OF 2018 (L-KSRTC)
BETWEEN:
… PETITIONER
(BY SRI. M C BASAVARAJU, ADVOCATE)
AND:
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
… RESPONDENT
(BY SRI. B.L. SANJEEV, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE POINT NO.2 OF THE IMPUGNED AWARD PASSED BY INDUSTRIAL TRIBUNAL B'LURU ERRONEOUSLY CONFIRMING THE ILLEGAL AND UNJUST PUNISHMENT ORDER REDUCING
WP No. 28616 of 2018
THE PRESENT BASIC PAY OF THE PETITIONER BY THREE ANNUAL INCREMENTAL STAGES WITH CUMULATIVE EFFECT BESIDE TREATING THE PERIOD FROM 08.04.2002 TO 20.12.2002 AS UNAUTHORISED ABSENCE BY DISENTITLING HIM FOR ANY MONETARY BENEFITS VIDE ORDER DTD.31.08.2004. A TRUE COPY OF THE IMPUGNED ORDER IS PRODUCED AT ANNEXURE-A [ID 274/11 DT 4.5.08 BY INDUSTRIAL TRIBUNAL B'LORE] AND ETC.
THIS WRIT PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner - workman while working as a conductor in the respondent - Corporation was imposed with minor penalty by withholding 3 annual increments cumulatively for having remained unauthorisedly absent from 08.04.2002 to 20.12.2002.
WP No. 28616 of 2018
W.W.1 and marked documents at Exs. W1 to W5 and the Corporation examined one witness as M.W.1 and got marked documents at Ex.M.1 to M.19. The Labour Court after examining the evidence on record, held that the charge against the workman is proved and accordingly, confirmed the order imposing minor penalty. Hence, this petition.
he remained absent due to ill-health, got marked Ex.W.3 - medical treatment slips. The said medical treatment slips were disbelieved by the Labour Court on the ground that the same do not indicate that the workman was suffering from illness so as not to attend the work. The findings recorded by the Labour Court is based on the evidence on record and cannot be said to be based on improper evidence or no evidence. In the absence of perversity and arbitrariness in the findings recorded by the Labour Court,
WP No. 28616 of 2018
I do not find any illegality in the impugned award passed
by the Labour court.
Accordingly, petition stands dismissed.
Sd/JUDGE
VP
1 issue framed by the court
Whether the Labour Court erred in disbelieving the petitioner's medical slips and sustaining the penalty of withholding three increments for unauthorized absence.
2 provisions across 2 enactments
Sri B Thimmegowda
The Chief Traffic Manager BMTC
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
