The Management of Nwkrtc v. Dorathi W/O Laurence Almeda
Labour and industrial relations – challenge to Industrial Tribunal award
Case brief
What is this about?
NWKRTC Management (U.K. Division, Sirsi) v. Smt. Dorathi; WP No.110225/2016 (L-TER), High Court of Karnataka, Dharwad Bench, decided 07-04-2025 by Justice Jyoti Mulimani. Keywords: unauthorised absence; departmental enquiry; articles of charge; minor punishment; withholding of three annual increments with cumulative effect; Industrial Tribunal Hubli/Hubballi award; I.D.No.117/2014; delay and laches; stale dispute; presumption of waiver by workman; no jurisdiction to set aside minor penalty; managerial prerogative; perversity and victimisation; Writ of Certiorari under Articles 226 and 227; Prabhakar (2015) 15 SCC 1 applied; South Indian Cashew Factories Workers' Union (2006) 5 SCC 201 referred; respondent served and unrepresented.
What did the court decide?
Writ of Certiorari ordered; the award dated 20.06.2016 passed by the Industrial Tribunal, Hubballi, in I.D.No.117/2014 (Annexure-C) quashed; the order of minor punishment dated 13.12.2008 confirmed; pending interlocutory applications disposed of and any interim order stands discharged.