KSRTC challenged a Labour Court award reinstating a driver dismissed for securing employment using a fake transfer certificate. The High Court found the admission register proved the document was fraudulent and set aside the award, confirming the dismissal.
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:24380 WP No. 24519 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 24519 OF 2016 (L-KSRTC)
BETWEEN:
KARNATAKA STATE ROAD TRANSPORT CORPORATION, BANGALORE CENTRAL DIVISION, BANGALORE, BY ITS DIVISIONAL CONTROLLER, REPRESENTED BY ITS CHIEF LAW OFFICER.
…PETITIONER
(BY SMT. H.R.RENUKA., ADVOCATE)
AND:
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
A.V.SAMPATH KUMAR S/O A.T.VENKATA NARASIMHA BHATTACHARYA, AGED ABOUT 54 YEARS, R/O KAMALA NILAYA, NELA MAHESHWARAMMA TEMPLE STREET, T.DASARAHALLI, BANGALORE-560 057.
…RESPONDENT
(BY SRI. A.V.SAMPATH KUMAR., ADVOCATE [ABSENT])
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 FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:24380 WP No. 24519 of 2016
ORDER
Smt.H.R.Renuka., learned counsel for the petitioner has appeared in person.
When the matter is called, there is no representation on behalf of the respondent, either personally or through video conferencing. The respondent is absent.
3. The brief facts are these:
The respondent - A.V. Sampath Kumar submitted an application seeking an appointment for the post of Driver in the establishment of the Corporation on 15.12.2000. At the time of applying for the appointment, he furnished a transfer
certificate. The certificate number is shown as bearing No.11/91-92 and in the column of admission number it is shown as No.15/69-70. The certificate contains the seal of the Headmaster, Government Primary School, Chikkaballapur. On 09.09.2003, the corporation addressed a letter to the school to verify the genuineness of the transfer certificate. On 09.09.2003 the school authorities issued a letter stating that Admission No.15/69-70 belongs to a candidate namely N. Kalappa Reddy S/o.Narayanappa, Vokkaliga, he has obtained TC No.6/74-75 on 22.05.1974 and confirmed that A.V. Sampath Kumar has not studied in their school. The respondent was issued with Articles of Charge on 11.10.2003 alleging that he had secured an appointment by producing a fake transfer certificate. The inquiry officer submitted his findings holding that the charges are proved. The respondent was dismissed from service on 30.08.2010.
The respondent raised a dispute before the Labour Court, Bengaluru in I.D.No.38/2010. The Labour Court held that the domestic inquiry conducted by the Corporation was fair and proper. The Labour Court vide award dated:02.04.2012 allowed the claim petition and set aside the order of dismissal and held
that the workman is deemed to have continued in service, with full back wages and all other consequential benefits. The Corporation challenged the award before this Court in Writ Petition No.2011/2013 and the matter was remanded to the Labour Court for fresh consideration. The workman preferred an appeal before this Court in Writ Appeal No.6170/2013 and the same was dismissed. After the remand, the Labour Court vide order dated:10.04.2015 allowed the claim petition in part and set-aside the order of dismissal, and directed reinstatement with continuity of service with all other consequential benefits without back wages. 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.
Ex M-3 is the transfer certificate that was furnished by the respondent at the time of filing of an application seeking appointment. In the column of date of birth, it is shown as 30.05.1962. In the certificate, the TC number is shown as No.11/1991-92 and the admission number is shown as No.15/69-70. In column No.12 it is shown that he has studied the fourth standard.
The admission extract that has been issued by the Government Junior Primary School, Anakanur, Chikkaballapur Taluk, has been furnished by the petitioner and the same is marked as Annexure-N. In the date of the birth column, the date of birth of A V Sampath Kumar is shown as 30.05.1958. The admission number is shown as No.3/1964-65. In the admission extract, it is shown that he studied up to the second standard. Furthermore, the workman joined the school on
NC: 2024:KHC:24380 WP No. 24519 of 2016
22.05.1964 as against 22.05.1969 shown in Ex M-3. The Investigating Officer of the corporation had not collected the admission register extract and the TC issue register extract, but obtained a statement duly certified by the Headmaster of the school indicating the entries made in the register. It is pivotal to note that the Divisional Security Inspector, Ramnagar Division was instructed to secure the admission register extract and the transfer certificate extract issue register extract. This Court has referred to the admission register extract in the above paragraph. The workman attempted to contend that Ex M3 is a genuine document. However, the admission register establishes the manipulation done in the records. The respondent placed reliance on fraudulent documents in support of his case, the documents furnished by the Corporation would establish the fraudulent act on the part of the respondent which disentitles him from claiming any relief.
I would observe that the direction to reinstate the workman who had secured employment by furnishing a false and fake transfer certificate is unjust. I may venture to say that the Labour Court has failed to have regard to relevant considerations and disregarded relevant matters. In my
NC: 2024:KHC:24380 WP No. 24519 of 2016
considered opinion, the order passed by the Labor Court is unsustainable in law.
dated:10.04.2015 passed by the III Addl. Labour Court, Bengaluru in I.D.No.38/2010 vide Annexure-K is liable to be set aside. Accordingly, it is set aside. The order of dismissal is confirmed.
8. Resultantly, the Writ Petition is allowed .
Because of confirmation of the dismissal order, the interim order granted, if any stands discharged, and pending interlocutory applications, if any are disposed of.
Sd/JUDGE
MRP List No.: 1 Sl No.: 45
1 issue framed by the court
Whether the Labour Court award directing reinstatement of a workman who secured employment with a fake transfer certificate required interference.
Karnataka State Road Transport Corporation, Bangalore Central Division
A.V.Sampath Kumar
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
