This is a writ petition challenging the dismissal of a dispute by the Principal Labour Court. The petitioner was dismissed for failing to issue tickets to passengers. The High Court held that examining passengers was unnecessary as the non-issuance was admitted and the petitioner had a history of misconduct.
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. 52820 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 52820 OF 2014 (L-KSRTC)
BETWEEN:
SRI RAHMATHULLA KHAN S/O HUSSAIN KHAN, AGED ABOUT 46 YEARS, DRIVER CUM CONDUCTOR, TOKEN NO. DC1708, R/AT ‘A’ BLOCK, MAIN ROAD, GUDIBANDE, GUDIBANDE TALUK, KOLAR DISTRICT-561 209.
…PETITIONER
(BY SRI. V B SIDDARAMAIAH., ADVOCATE)
AND:
THE DIVISIONAL CONTROLLER & DISCIPLINAORY AUTHORITY, MANAGEMENT OF BMTC, NORTH DIVISION, YESHWANTHPUR, BANGALORE-560 022.
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
(BY SRI. B.S. SRINIVAS, ADVOCATE FOR SRI. B L SANJEEV., ADVOCATE)
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTRICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI TO SET ASIDE THE AWARD DATED: 09.07.2014, PASSED BY THE PRESIDING OFFICER, PRINCIPAL LABOUR COURT, BANGALORE IN I.D.NO.17/2013, VIDE ANNEXURE-G AND CONSEQUENTLY ALLOW THE DISPUTE RAISED BY THE PETITIONER AS PRAYED AND ETC.
THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
WP No. 52820 of 2014
ORDER
WP No. 52820 of 2014
issued alleging that the workman had profited on such non-issuance and losses cost against the corporation.
WP No. 52820 of 2014
on the petitioner. The punishment which has been imposed is disproportionate with the misconduct alleged against the workman. The enquiry was not carried out in a proper manner.
WP No. 52820 of 2014
or before the Labour court and therefore the workman was deprived of cross-examining them so as to elicit the truth. It is this that he says has resulted in a defective enquiry and on that basis he submits that the principle of natural justice has been violated with the workman not having provided sufficient opportunity to establish his innocence.
WP No. 52820 of 2014
record indicate that the workman had himself admitted that he has not issued tickets to 10 passengers for the reason that the leader of the said 10 passengers had stated that they have passes and his house being nearby he will get passes to of the passengers. This being clear and categorical admission of non-issuance of tickets and passes of those 10 passengers having not been produced.
WP No. 52820 of 2014
admission made by the workman himself, that he had been previously convicted in 10 red marked cases though he had dined 42 other misconducts that there is clear and categorical admission made by him that he had been convicted in 10 red marked cases. It is not in dispute that the petitioner-workman had been serving with respondent-the Road Transport Corporation only for a period of 8 years prior to the evidence being laid before the Labour Court. In the said 8 years the workman having been convicted of 10 red marked offences wherein lenient punishment was awarded and no change having occurred in the conduct of the workman, the Labour Court, I am of the considered opinion, has rightly come to the conclusion that it is unlikely for the workman to reform himself and discharge his obligation in a proper and required manner. Thus, on both account there being a clear and categorical admission that tickets have not been issued and there being a clear and categorical admission that the workman had
WP No. 52820 of 2014
been convicted in 10 red marked offences, I am the considered opinion that the order passed by the Labour Court is proper and justified and that there are no grounds made out for interference. As such
the petition stands dismissed.
Sd/JUDGE
SR
List No.: 1 Sl No.: 36
3 issues framed by the court
Whether the High Court should interfere with the Labour Court's dismissal order alleging violation of natural justice due to lack of examination of passengers.
Whether the principle of natural justice was violated as the passengers were not examined before the Enquiry Officer or Labour Court.
Whether the petitioner had sufficient opportunity to establish innocence regarding non-issuance of tickets.
1 provisions across 1 enactments
Sri Rahmathulla Khan
The Divisional Controller & Disciplinary Authority, Management of BMTC, North Division
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
