KSRTC employee dismissed for 101 days unauthorised absence claimed illness (chikungunya/arthritis) unsupported by medical certificate. Labour Court answered reference against him; writ petition dismissed. Division bench found absence not bonafide and upheld non-interference.
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NC: 2024:KHC:26110-DB WA No. 296 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE C M JOSHI WRIT APPEAL NO. 296 OF 2022 (L-KSRTC)
BETWEEN:
ARUN KUMAR K J, S/O LATE JAVANEGOWDA, AGED ABOUT 38 YEARS, R/A KARLE-573 120. HASSAN TALUK AND DISTRICT.
…APPELLANT
(BY SRI M C BASAVARAJU, ADVOCATE)
AND:
Digitally signed by NANDINI R Location: High Court of Karnataka
THE DIVISIONAL CONTROLLER AND DISCIPLINARY AUTHORITY, KSRTC, CHIKKAMAGALURU DIVISION, CHIKKAMAGALURU-577 101.
…RESPONDENT
(BY SMT. RENUKA H R, ADVOCATE)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO i) SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WP NO. 45792/2019 DATED 16/02/2021 OR ii)GRANT SUCH OTHER RELIEF OR RELIEFS.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, V KAMESWAR RAO J., DELIVERED THE FOLLOWING:
NC: 2024:KHC:26110-DB WA No. 296 of 2022
JUDGMENT
This appeal lays a challenge to the order dated 16.02.2021 passed by the learned Single Judge in W.P.No.45792/2019 (L/KSRTC), whereby the learned Single Judge has dismissed the writ petition filed by the appellant challenging the award of the Labour Court dated 02.07.2019 in IDR No.05/2018. The subject matter of challenge before the Labour Court was his dismissal from service, pursuant to issuance of a chargesheet. The allegation against the appellant was that he remained unauthorisedly absent from duty between the period of 08.07.2009 and 16.10.2009, in all for a period of 101 days.
appellant for 101 days was not for a bonafide reason.
Corporation that because of the absence of the appellant, its work had suffered.
Sd/JUDGE
Sd/JUDGE
NR/-
List No.: 1 Sl No.: 15
1 issue framed by the court
Whether the Single Judge rightly declined to interfere with the Labour Court award upholding dismissal for 101 days' unauthorised absence justified on an unsupported medical ground.
1 provisions across 1 enactments
ARUN KUMAR K J
THE DIVISIONAL CONTROLLER AND DISCIPLINARY AUTHORITY, KSRTC, CHIKKAMAGALURU DIVISION
V KAMESWAR RAO
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
