Allowed

The Divisional Controller Nwkrtc v. B M Karisakkannavar

Karnataka HC4 Sept 2024WP/103941/2024

Case brief

AI extract

What is this about?

Corporation challenged an Industrial Tribunal order rejecting its Section 33(2)(b) approval application for dismissal of a driver. The High Court held the statutory requirements were complied with and the dismissal stood confirmed in earlier litigation; it quashed the Tribunal's order.

What did the court decide?

Writ of Certiorari issued; Tribunal order dated 28.08.2023 quashed; Serial Application No.653/2015 allowed.

The Divisional Controller Nwkrtc Vs B M… — Labour and Industrial Disputes | Karnataka HC (2024)

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NC: 2024:KHC-D:12760 WP No. 103941 of 2024

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2024 BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 103941 OF 2024 (L-KSRTC)

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BETWEEN:

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THE DIVISIONAL CONTROLLER, NWKRTC DIVISIONAL, GADAG DIVISION, DIST: GADAG.

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…PETITIONER

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(BY SRI. PRASHANT.S.HOSMANI., ADVOCATE)

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AND:

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B.M.KARISAKKANNAVAR, SINCE DECEASED BY HIS LR’S.,

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1. JAYALAKSHMI

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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W/O B.M.KARISAKKANNAVAR, AGE: 56 YEARS, OCC: NIL, R/O: H.NO.LIG-192/2, DIDDALINGANAGAR, GADAG TALUK, DIST: GADAG-580 021.

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…RESPONDENT

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(BY SRI. IRANAGOUDA.K.KABBUR., ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

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2 - NC: 2024:KHC-D:12760 WP No. 103941 of 2024

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ORAL ORDER

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Sri. Prashant S. Hosmani., counsel for the petitioner and Sri. Iranagouda K.Kabbu., counsel for the respondent have appeared in person.

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The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 28.08.2023 passed by the Industrial Tribunal in Serial Application No.653/2015 (In I.D.No.148/2005) vide Annexure-A.

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Heard the arguments and perused the Writ papers with utmost care.

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Suffice it to note that, Sri. Basavaraj was a driver in the establishment of the Corporation. He came under disciplinary inquiry proceedings for an act of misconduct i.e., unauthorized absence and was visited with an order of punishment i.e., dismissed from service on 16.05.2015. The Corporation filed an application under Section 33(2)(b) of the Industrial Disputes Act, 1947 seeking approval of the order of dismissal. The Industrial Tribunal dismissed the application solely on the ground that the Labor Court has set aside the order of dismissal and there is an order of reinstatement. This is unsustainable in law. The reason is apparent. When an

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3 - NC: 2024:KHC-D:12760 WP No. 103941 of 2024

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application is filed under Section 33(2)(b) of the Act, what is required to be considered is whether there is an order of dismissal, payment of one month’s wage and filing of an application under Section 33(2)(b) of the I.D Act. In the present case, the requirements as enumerated under the provisions of the I.D. Act are complied with by the Management. Hence, the Tribunal is not justified in dismissing the Serial Application. Furthermore, in the Writ Petition filed by the Corporation in W.P.No.146474/2020, this Court has confirmed the order of dismissal. Therefore, the order passed by the Industrial Tribunal is liable to be set aside. Accordingly, it is set aside. The Serial Application is allowed.

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The Writ of Certiorari is ordered. The order dated 28.08.2023 passed by the Industrial Tribunal, Bengaluru in Serial Application No.653/2015 (In I.D.No.148/2005) vide Annexure-A is quashed.

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Resultantly, the Writ Petition is allowed .

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Sd/(JYOTI MULIMANI) JUDGE

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TKN List No.: 2 Sl No.: 51.3

The Divisional Controller Nwkrtc v. B M Karisakkannavar

Case brief

What is this about?

What did the court decide?

The Divisional Controller Nwkrtc v. B M Karisakkannavar

Case brief

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What did the court decide?

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