THE DIVISIONAL CONTROLLER vs MABU PATEL
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11100
WP No. 202573 of 2026
CNR: KAHC030069782026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 8 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 202573 OF 2026 (L-KSRTC)
BETWEEN:
THE DIVISIONAL CONTROLLER
KKRTC, KALABURAGI DIVISION NO.2
KALABURAGI-585102
REPTD. BY CHIEF LAW OFFICER
…PETITIONER
(BY SRI. SHARANABASAPPA M PATIL., ADVOCATE)
AND:
MABU PATEL S/O DASTGIR PATEL
AGE: 47 YEARS, OCC: NIL
(EX DRIVER CUM CONDUCTOR) BADGE NO.909
VILLAGE HASARAGUNDAGI
TQ: AFZALPUR, DIST: KALABURAGI-585306
…RESPONDENT
Digitally
signed by
NIJAMUDDIN
JAMKHANDI
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. RAMESH KULKARNI., ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO A) SET ASIDE THE
IMPUGNED AWARD DATED: 24-01-2026 VIDE-ANNEXURE-C
PASSED BY THE LEARNED DIST. JUDGE & PRESIDING OFFICER,
LABOUR COURT KALABURAGI AT KALABURAGI IN REF.
NO.03/2025, FILED BY THE RESPONDENT; B) PASS SUCH
OTHER ORDERS OR DIRECTIONS AS THIS HONOURABLE
COURT DEEMS JUST AND PROPER UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE AND ALLOW THIS WRIT
PETITION.
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HC-KAR
NC: 2026:KHC-K:11100
WP No. 202573 of 2026
CNR: KAHC030069782026
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
This petition is filed challenging the award dated
24.01.2026 passed by the District Judge and Presiding
Officer, Labour Court, Kalaburagi, in Ref.No.3/2025.
2. Heard Sri.Sharanabasappa M.Patil, learned
counsel appearing for the petitioner, Sri.Ramesh Kulkarni,
learned counsel appearing for the respondent and perused
the material available on record.
3. The respondent was appointed as a driver-cum-
conductor on 19.01.2007. Since then, he was working
with the petitioner-Corporation. Later, due to ill-health,
the respondent-workman could not resume duty and
remained absent. The petitioner issued Article of Charges
on 24.11.2022 to which the respondent-workman
submitted his reply. The petitioner-Corporation conducted
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HC-KAR
NC: 2026:KHC-K:11100
WP No. 202573 of 2026
CNR: KAHC030069782026
an enquiry by providing an opportunity to the respondent-
workman and thereafter, he was dismissed from service
on the ground that he was unauthorisedly absent from
30.04.2022 to 24.11.2022 and continued till the date of
dismissal on 25.01.2024. The said order was called in
question before the Labour Court. The respondent
examined himself as WW-1, the Management examined
MW-1 and got marked Exs.M1 to M23. The Labour Court,
upon consideration of the oral and documentary evidence,
set aside the order of dismissal passed by the petitioner by
modifying the order of punishment to withhold 2 future
increments with cumulative effect by directing the
petitioner-Corporation to reinstate the workman with
continuity of service within 30 days from the date of
publication of the award.
4. The learned counsel appearing for the petitioner
has raised various contentions in the writ petition by
contending that the respondent-workman has a history of
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HC-KAR
NC: 2026:KHC-K:11100
WP No. 202573 of 2026
CNR: KAHC030069782026
remaining unauthorisedly absent and the Management is
able to prove the charges and considering the same, the
order of dismissal has been passed. However, the Labour
Court has modified the punishment order.
5. The learned counsel appearing for the
respondent-workman submits that the Labour Court has
taken note of the fact that the absence from duty was for
a short duration and the punishment was shockingly
disproportionate. Hence, the punishment was modified.
6. During the course of hearing, this Court noticed
that the Labour Court, taking note of the evidence
available on record, has recorded its finding with regard to
the charges levelled against the respondent-workman and
has modified the punishment. I do not find any error in
the said finding.
7. Insofar as the modification of punishment is
concerned, the Labour Court has directed the petitioner-
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HC-KAR
NC: 2026:KHC-K:11100
WP No. 202573 of 2026
CNR: KAHC030069782026
Management to withhold 2 future increments of the
respondent-workman with cumulative effect and also
directed to reinstate the respondent-workman with
continuity of service. During the course of hearing, the
respondent-workman had filed an affidavit indicating that
he is ready to forego another increment more than what is
awarded by the Labour Court. The affidavit of the
respondent-workman is placed on record.
8. Considering the nature of charges levelled
against the respondent-workman and considering the
finding of the Labour Court, I am of the view that ends of
justice would be met if the order of dismissal is set aside
and the impugned order of the Labour Court is modified by
further modifying the orders.
9. Accordingly, I proceed to pass the following:
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HC-KAR
NC: 2026:KHC-K:11100
WP No. 202573 of 2026
CNR: KAHC030069782026
ORDER
(1) The writ petition is partly allowed .
(2) The order of dismissal passed by the petitioner is
set aside.
(3) The impugned order of the Labour Court dated
24.01.2026 passed in Ref.No.3/2025 by the
District Judge and Presiding Officer, Labour
Court, Kalaburagi, is modified to the following
extent:
(i) The petitioner is directed to reinstate the
respondent-workman within a period of 4
weeks from the date of receipt of copy of the
order, with continuity of service.
(ii) The petitioner is directed to withhold 3 future
increments of the respondent-workman with
cumulative effect by way of punishment.
(iii) The period of absence of the respondent-
workman shall be treated as leave without
pay.
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HC-KAR
NC: 2026:KHC-K:11100
WP No. 202573 of 2026
CNR: KAHC030069782026
(iv) The respondent-workman shall not be entitled
for back wages and consequential benefits
from the petitioner from the date of dismissal
i.e. 25.01.2024 till reinstatement.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
RV
List No.: 1 Sl No.: 9