KSRTC sought to recover excess payment of Rs.2,60,112 from a workman not at fault. Relying on Rafiq Masih, the High Court held recovery impermissible and directed refund of the amount within four weeks.
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:26643 WP No. 6884 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 6884 OF 2024 (S-KSRTC)
BETWEEN:
B.SRINIVASAPPA S/O LATE BETAPPA, AGED ABOUT 64 YEARS, R/AT BESIDES EXCELLENT COLLEGE, CHATHRAKODIHALLI, BEGIHOSAHALLI POST, KOLAR TALUK AND DISTRICT-563 101.
…PETITIONER
(BY SRI. M.C.BASAVARAJU., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: High Court of Karnataka
…RESPONDENTS
(BY SMT. H.R.RENUKA., ADVOCATE)
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 PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:26643 WP No. 6884 of 2024
ORDER
Sri.M.C.Basavaraju., learned counsel for the petitioner and Smt.H.R.Renuka., learned counsel for the respondents have appeared in person.
It is not in dispute that in the present case, the Corporation has paid excess amount of Rs.2,60,112/- (Rupees
NC: 2024:KHC:26643 WP No. 6884 of 2024
Two Lakhs Sixty Thousand One Hundred and Twelve only). Taking note of the law laid down in the above case, the Corporation is directed to refund the amount of Rs.2,60,112/(Rupees Two Lakhs Sixty Thousand One Hundred and Twelve only) within four weeks from the date of receipt of certified copy of this order.
disposed of .
Sd/JUDGE
MRP List No.: 1 Sl No.: 29
1 issue framed by the court
Whether the employer Corporation can recover excess payment of Rs.2,60,112 made to a workman without any fault of the workman.
Colour shows how this judgement treated each authority
State of Punjab and Others vs. Rafiq Masih (White Washer) and OthersApplied¶3
(2015) 4 SCC 334 · Who else cites this
1 provisions across 1 enactments
B. Srinivasappa
The Managing Director, KSRTC
The Divisional Controller, KSRTC, Kolar Division
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
