A writ petition challenging a Labor Court award reinstating a deceased conductor dismissed for failing to issue tickets after collecting fares. The High Court dismissed the petition as the workman had died, rendering the order spent.
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.
WP No. 28922 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 28922 OF 2015 (L-RES)
BETWEEN:
THE DIVISIONAL CONTROLLER BMTC, NORTH DIVISION YESHWANTHAPURA BENGALURU-560 022 HEREIN REPRESENTED BY THE CHIEF LAW OFFICER, B M T C CENTRAL OFFICES K H ROAD, SHANTHINAGAR BANGALORE-560 027.
…PETITIONER
(BY SRI. SRINIVAS, ADVOCATE FOR SRI. SANJEEV B L.,ADVOCATE)
AND:
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
SRI N. NARAYANASWAMY S/O NARASIMHAIAH T.M. AGED ABOUT 45 YEARS R/O VENKATESHAPPA COMPOUND NO.502, WARD NO.8 JAI BHEEMA NAGAR OPP TO GOVT. BUS STAND CHIKKABALLAPURA-562 117.
…RESPONDENT
(BY SRI. L SHEKAR., ADVOCATE)
WP No. 28922 of 2015
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF THE PROCEEDINGS OF THE III ADDITIONAL LABOUR COURT, BANGALORE PERTAINING TO REF.NO.20/2014, WHICH HAS CULMINATED IN ITS AWARD DATED:28.02.2015 VIDE ANNEXURE-C. QUASH THE AWARD DATED:28.02.2015 PASSED BY THE III ADDITIONAL LABOUR COURT, BANGALORE IN REF.NO.20/2014 VIDE ANNEX-C AND ETC.
THIS PETITION COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
this Court seeking for the following reliefs;
"(i) Call for records of the proceedings of the III Additional Labour Court, Bangalore pertaining to Ref. No.20/2014, which has culminated in its award dated 28.02.2015 produced at Annexure-C.
(ii) Issue a writ in the nature of certiorari or any other appropriate writ, order or direction, quashing the award dated 28.02.2015 passed by the III Additional Labour Court, Bangalore in Ref. No.20/2014, produced at AnnexureC."
conductor with the Road Transport Corporation. On
21.01.2011, when the workman was on duty in bus
bearing No.F-2382 plying on route No.293/1 from
K.R.Market to Razakpalya, it was subjected to check
WP No. 28922 of 2015
at Hennur Cross at about 20.50 hours. When it was found that there were 70 passengers traveling in the bus. However, the workman had failed to issue tickets to a group of 6 passengers travelling from Kacharakanahalli i.e., Stage No. 9 to Geddelahalli Stage No.11 despite collecting the requisite fare of Rs.6/ - thereby causing a loss of Rs.36/- to the Road Transport Corporation. The workman had neither issued tickets to two groups of 9 passengers, who were travelling from Kacharakanahalli i.e., Stage No.9 to Geddelahalli i.e. Stage No.11 nor collected the requisite fare for the tickets.
WP No. 28922 of 2015
Thereafter, the checking officials submitted a detailed report regarding the irregularities committed by the workman to the Disciplinary Authority.
WP No. 28922 of 2015
appropriate Government referred the dispute under Section 10(1)(D) of the Industrial Dispute Act, 1947 (hereinafter referred to as 'the Act' for short) to the Labour Court, where it came to be registered as Reference No.20/2014. The Labour Court after considering the pleadings and evidence on record came to the conclusion that the Corporation was not justified in dismissing the workman from service, that the workman was entitled for reinstatement with continuity of service without back wages and with reduction of five annual increments permanently. Being aggrieved by the same, the Road Transport Corporation is before this Court.
WP No. 28922 of 2015
of tickets which required dismissal of the conductor. The Labour Court having come to a conclusion that the enquiry was held properly ought not to have disturbed the finding of the enquiry and the punishment which has been imposed by the Disciplinary Authority. The Labour Court has ignored 62 misconduct cases as per the history sheet produced by the Road Transport Corporation merely on the ground that the workman was 44 years of age. The Labour Court has directed the reinstatement of the workman by imposing a minor penalty and setting aside the major penalty. He submits that there is a case which requires major penalty to be imposed and as such the order of the Labour Court is required to be set aside.
WP No. 28922 of 2015
Transport Corporation had reinstated the workman. The workman had rendered services but expired subsequently, on 28.08.2019. Therefore, he submits that the interim order passed by this Court having spent itself on the expiry of the workman there will be no purpose served by considering the matter on merits.
from service on account of non-issuance of 6 tickets after having collected fare and has not issued 9 tickets. The fare IS Rs.6/- per ticket, thus, the allegation is that the workman derived the benefits of Rs.36/- after having collected the fare for 6 tickets and the corporation was deprived of the financial benefits of 15 tickets of Rs.6/- amounting to Rs.90/-.
WP No. 28922 of 2015
WP No. 28922 of 2015
Sd/JUDGE
RU,GJM
2 issues framed by the court
Whether the High Court should interfere with the Labor Court's decision to reinstate a deceased workman dismissed for minor fare collection irregularities.
Whether dismissal was proportionate given the apparent financial loss of Rs. 90/- caused by the respondents conduct.
4 provisions across 3 enactments
The Divisional Controller BMTC
Sri N. Narayanaswamy
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
