Disposed

Bangalore Metrolpolitian Transport Corporation v. Lakshmipathi

Karnataka HC12 Feb 2024WP/7166/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging a Labour Court order reinstating a retired passenger transport employee dismissed for misconduct involving bribery acceptance, holding the Labour Court's reasoning on negative equality justified and refusing interference regarding post-retirement benefits.

What did the court decide?

The writ petition stands disposed of with no relief granted to the petitioner.

Bangalore Metrolpolitian Transport Corporation Vs… — Service and Employment | Karnataka HC (2024)

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1 - NC: 2024:KHC:5927 WP No. 7166 of 2020

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF FEBRUARY, 2024 BEFORE

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THE HON'BLE MRS JUSTICE K.S. HEMALEKHA WRIT PETITION NO.7166 OF 2020 (L-KSRTC)

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BETWEEN:

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BANGALORE METROPOLITAN TRANSPORT CORPORATION, WEST DIVISION, KENGERI, BANGALORE BY ITS DIVISIONAL CONTROLLER REPRESENTED BY ITS CHIEF LAW OFFICER. ... PETITIONER (BY SMT. RENUKA H.R., ADVOCATE)

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AND:

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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LAKSHMIPATHI S/O. LATE DASAPPA AGED ABOUT 63 YEARS, R/O. NO.882, BAGALAKUNTE, T. DASARAHALLI, HESARAGHATTA ROAD, BENGALURU – 560 073. ... RESPONDENT

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(BY SRI V.S. NAIK, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE AWARD DATED 30.08.2018 IN I.D.NO.20/2016 PASSED BY THE III ADDL. LABOUR COURT, BANGALORE (ANNEXURE-B).

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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2 - NC: 2024:KHC:5927 WP No. 7166 of 2020

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ORDER

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Respondent was appointed as a driver in the petitioner-Corporation, on the allegations that the respondent-workman demanded a bribe to get an appointment on compassionate appointment, Security Officer of the Corporation laid a trap and got the respondent-workman red handed for having received the bribe from the complainant. The Security Officer submitted the report regarding the conduct of the workman in receiving the bribe to do official favour, articles of charges were issued that he has received gratification and has behaved in a manner unbecoming of the Corporation servant. Articles of charges replied by the respondent was not accepted and the respondent was subjected to the domestic enquiry, Enquiry Officer conducted enquiry and submitted its finding holding that the charges are proved, Disciplinary Authority passed an order of dismissal from service on the charge of proved misconduct.

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3 - NC: 2024:KHC:5927 WP No. 7166 of 2020

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Dispute was raised against the order of

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dismissal before the Labour Court, the respondentworkman attained the age of superannuation on 30.06.2016. The Labour Court held that the domestic enquiry conducted by the Corporation was fair and proper and by impugned order held that the dismissal of the workman was harsh and directed reinstatement of the workman with continuity of service from the date of dismissal till the date of his superannuation, however, the relief of backwages was denied, further held that the period on which the workman did not work in the Corporation due to the dismissal was to be treated as on duty for the calculation of pensionary benefits as the workman has already attained the age of superannuation. Aggrieved by the order of the Labour Court, the Corporation is before this Court.

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Heard Smt. Renuka H.R., learned counsel for

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the petitioner and Sri V.S. Naik, learned counsel for the respondent.

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NC: 2024:KHC:5927 WP No. 7166 of 2020

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The Labour Court recorded a finding that the procedure which was required to be followed in the matter of trap was not followed by the Security Officer, while recording the finding, the Labour Court held that the charges levelled against the respondent and the dismissal order requires to be reconsidered after appreciation of the evidence of M.W.2 – Management witness. The Labour Court also noticed that the respondent-workman was dismissed from service on 17.02.2016, when he was left with only three months to attain the age of superannuation, i.e., on 31.05.2016, the reasons accorded by the Labour Court to set aside the order of dismissal are justified, however, reasons assigned to treat the respondent case with other employees for similar misconduct would not be relevant as negative equality cannot be considered.

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It is trite law that equality is a positive subject, there cannot be negative equality in law and merely because in few cases, the corporation has viewed the

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5 - NC: 2024:KHC:5927 WP No. 7166 of 2020

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misconduct leniently, that would not give a right to the delinquent to seek the similar orders by this Court and thus, the reasoning of the Labour Court that, in light of the similar orders for identical misconduct, minor punishment has been imposed and the same needs to be placed reliance for the respondent-workman would not be a justifiable reason by the Labour Court. The Apex Court in the case of Union of India and another Vs. International Trading Company and another¹ has held at paragraph No.13 as under:

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“ 13. What remains now to be considered, is the effect of permission granted to the thirty two vessels. As highlighted by learned counsel for the appellants, even if it is accepted that there was any improper permission, that may render such permissions vulnerable so far as the thirty two vessels are concerned, but it cannot come to the aid of the respondents. It is not necessary to deal with that aspect because two wrongs do not make one right. A party cannot claim that since something wrong has been done in another case

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1 (2003) 5 SCC 437

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6 - NC: 2024:KHC:5927 WP No. 7166 of 2020

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direction should be given for doing another wrong. It would not be setting a wrong right, but would be perpetuating another wrong. In such matters there is no discrimination involved. The concept of equal treatment on the logic of Article 14 of the Constitution of India (in short “the Constitution”) cannot be pressed into service in such cases. What the concept of equal treatment presupposes is existence of similar legal foothold. It does not countenance repetition of a wrong action to bring both wrongs on a par. Even if hypothetically it is accepted that a wrong has been committed in some other cases by introducing a concept of negative equality the respondents cannot strengthen their case. They have to establish strength of their case on some other basis and not by claiming negative equality. ”

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Placing reliance on the said dicta, it can be held that the workman was invoking the principle of discrimination and parity in that term, insofar as the imposition of the penalty could not have been accepted by the Labour Court, but the reasoning accorded by the Labour Court in setting aside the order of dismissal was justified. The Labour Court considering the other aspect

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NC: 2024:KHC:5927 WP No. 7166 of 2020

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has held that the Corporation to calculate and pay all the monetary benefits since the workman has attained the age of superannuation, the order passed by the Labour Court does not warrant interference by this Court.

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Accordingly, the writ petition stands disposed

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of.

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Sd/JUDGE

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MBM

Bangalore Metrolpolitian Transport Corporation v. Lakshmipathi

Case brief

What is this about?

What did the court decide?

Bangalore Metrolpolitian Transport Corporation v. Lakshmipathi

Case brief

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