A dismissed BMTC driver-cum-conductor challenged the Labour Court award upholding his dismissal for unauthorized absence. The High Court found the medical certificates he produced were inaccurately dated and upheld the award, dismissing the writ petition.
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.
NC: 2024:KHC:27280 WP No. 2367 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 2367 OF 2019 (L-KSRTC)
BETWEEN:
M.PRABHAKARA S/O RAMAMURTHY, AGED ABOUT 40 YEARS, RESIDING AT MARAKALAGATTA VILLAGE, AVANI HOBLI, OORUKUNTE-MITTUR POST, MULABAGALU TALUK, KOLAR DISTRICT-563 127.
…PETITIONER
(BY SRI. SHANKARAPPA., ADVOCATE)
AND:
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
THE DIVISIONAL CONTROLLER AND DISCIPLINARY AUTHORITY, BMTC, SOUTH DIVISION, K.H.ROAD, SHANTHINAGAR, BENGALURU-560 027.
(BY SMT. H.R.RENUKA., ADVOCATE)
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:27280 WP No. 2367 of 2019
ORDER
Sri.Shankarappa., learned counsel for the petitioner, and Smt.H.R.Renuka., learned counsel for the respondent have appeared in person.
2. The short facts are these:
The petitioner was selected and appointed as a Driver cum Conductor in the establishment of the Corporation. He remained absent unauthorizedly from 21.05.2014 onwards. He was issued with Articles of charge alleging unauthorized absence. He came under disciplinary inquiry proceedings. The inquiry officer held that the charges were proven. He was imposed with an order of punishment i.e., dismissed from services on 21.10.2015. He raised a dispute and the same came to be referred to III Addl. Labor Court, Bangalore in I.D. No.29/2017 for adjudication. The Labor Court held that the domestic inquiry conducted by the Corporation was not fair and proper. The parties lead evidence on the merits of the case. The Labor Court vide award dated:02.04.2018 dismissed the claim petition. It is this award that is called into question in this
Writ Petition on several grounds as set out in the Memorandum of Writ Petition.
Suffice it to note that the workman furnished the medical certificates during inquiry proceedings. In one of the medical certificates, he has been advised to rest from 01.08.2015 to 04.10.2014. The Medical Officer, General Hospital, Mulabagalu, Kolar District, has issued a medical certificate. If one reads this certificate carefully, there is no accuracy. A medical officer should know how to date a certificate. A certificate should be dated and signed on the day the certificate
NC: 2024:KHC:27280 WP No. 2367 of 2019
was issued. The ‘issue date’ should never be backdated and proper care should be taken in deciding to issue a certificate. I may observe that a medical officer must know What should be recorded on the certificate. How should it be dated? When should he avoid issuing a certificate? What should he consider when certifying fitness? One must reasonably believe that the certificate issued by the medical officer is accurate and not misleading. But in the present case, the workman was advised to rest from the year 2015 to 2014. It is hard to accept such medical certificates. The Labor Court extenso referred to the material on record and rightly rejected the claim of the workman. In my view, the conclusion and the finding so arrived at by the Labour Court is just and proper. I find no reason to interfere with the award of the Labor Court. The Writ Petition is devoid of merits, and it is liable to be dismissed.
6. Resultantly, the Writ Petition is dismissed .
MRP
List No.: 1 Sl No.: 6
Sd/JUDGE
1 issue framed by the court
Whether the Labour Court's award dismissing the workman's claim against dismissal for unauthorized absence required interference.
1 provisions across 1 enactments
M. Prabhakara
The Divisional Controller and Disciplinary Authority, BMTC, South Division, Bengaluru
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
