KARNATAKA STATE ROAD TRANSPORT CORPORATION vs H S RAMACHANDRA

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HC-KAR
NC: 2026:KHC:56160
WP No. 4643 of 2020
C/W WP No. 6343 of 2020


CNR: KAHC010037782020







IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 7 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

WRIT PETITION NO. 4643 OF 2020 (L-KSRTC)

C/W

WRIT PETITION NO. 6343 OF 2020 (L-KSRTC)



IN WP NO. 4643/2020

BETWEEN:

KARNATAKA STATE ROAD
TRANSPORT CORPORATION
MYSORE RURAL DIVISION
MYSURU, BY ITS DIVISIONAL CONTROLLER
REP. BY ITS CHIEF LAW OFFICER.
…PETITIONER
(BY SMT. RENUKA H R., ADVOCATE)






AND:

H S RAMACHANDRA
S/O SIDDASHETTY
AGED ABOUT 43 YEARS
R/O NO.258, SUBASHNAGAR
ST
HEBBALU 1 STAGE
MYSURU-570001.
…RESPONDENT
(BY SRI. V.S. NAIK., ADVOCATE FOR C/R)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:56160
WP No. 4643 of 2020
C/W WP No. 6343 of 2020


CNR: KAHC010037782020


QUASH THE AWARD DATED 15.06.2018 PASSED BY THE
LABOUR COURT, MYSORE VIDE (ANNEXURE-F).

IN WP NO. 6343/2020
BETWEEN:
SRI H R RAMACHANDRA
AGED 42 YEARS
S/O SRI SIDDASHETTY
R/AT NO.258, SUBHASHNAGARA
ST
HEBBALU 1 STAGE, MYSURU.
...PETITIONER
(BY SRI. NAIK V S., ADVOCATE)
AND:
KARNATAKA STATE ROAD
TRANSPORT CORPORATION
MYSURU RURAL DIVISION
BANNIMANTAP ROAD
MYSURU-570001
REP. BY ITS DIVISIONAL CONTROLLER
...RESPONDENT
(BY SMT. H.R. RENUKA., ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING QUASH THE
AWARD DATED:15.06.2018 PASSED BY THE PRESIDING
OFFICER, LABOUR COURT, MYSURU, IN I.I.D.NO.01/2015, THE
CERTIFIED COPY OF WHICH IS PRODUCED AND MARKED AS
ANNEXURE-G TO THE EXTENT THE PETITIONER IS AGGRIEVED
AND ETC.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:56160
WP No. 4643 of 2020
C/W WP No. 6343 of 2020


CNR: KAHC010037782020


ORAL ORDER
These two writ petitions are filed under Articles 226
and 227 of the Constitution of India. W.P. No.4643/2020 is
filed by the Corporation, challenging the award dated
15.06.2018 passed by the Labour Court, Mysuru (for
short, ‘the Labour Court’), in I.I.D. No.1/2015, insofar as it
relates to setting aside the dismissal order dated
03.01.2015 and directing reinstatement of the workman
into service. W.P. No.6343/2020 is filed by the workman,
challenging the very same award insofar as it relates to
the denial of back wages.
2. For the sake of convenience, the parties are
referred to as the first party and the second party, as
arrayed before the Labour Court.
3. The first party was appointed as a driver-cum-
conductor on 07.03.2007. While he was in service, an
allegation was made on 06.07.2012 that he had
misappropriated a sum of Rs.1,71,360/- collected towards
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:56160
WP No. 4643 of 2020
C/W WP No. 6343 of 2020


CNR: KAHC010037782020


daily passes during the period from 2009 to 2011.
Accordingly, a departmental enquiry was initiated against
him, and the articles of charge were issued on
21.11.2012. The Enquiry Officer, after conducting a
detailed enquiry, submitted a report dated 11.11.2013,
holding that the charges were proved. After considering
the reply submitted by the first party, the disciplinary
authority, by order dated 03.01.2015, imposed the penalty
of dismissal from service.
4. Aggrieved by the said order, the first party raised
an industrial dispute before the Labour Court under
Section 10(4-A) of the Industrial Disputes Act, 1947 (for
short, ‘the ID Act’), in I.I.D. No.1/2015. The Labour Court
passed the impugned award on 15.06.2018. Being
aggrieved by the said award, the Corporation and the
workman have filed these writ petitions.
5. The learned counsel appearing for the Corporation
raised the following contentions:
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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(i) Firstly, although the Labour Court held that the
domestic enquiry was fair and proper and recorded a clear
finding that the first party had failed to establish his
innocence in respect of the charges levelled against him, it
erred in interfering with the order of dismissal and
modifying the punishment.
(ii) Secondly, the Labour Court categorically held that
the findings recorded by the Enquiry Officer were fair and
proper and that the enquiry report was not perverse.
Despite recording such findings, the Labour Court
proceeded to modify the order of dismissal, which,
according to the learned counsel, was unjustified.
(iii) Thirdly, even after the first party was reinstated
into service pursuant to the interim order passed by this
Court, he committed another misconduct, pursuant to
which he was again dismissed from service on 19.12.2023.
Since then, he has not been in service. Hence, the learned
counsel sought to allow the writ petition filed by the
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:56160
WP No. 4643 of 2020
C/W WP No. 6343 of 2020


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Corporation and dismiss the writ petition filed by the
workman.
6. Per contra, the learned counsel appearing for the
first party-workman raised the following contentions:
(i) Firstly, the charges levelled against the first party
were not proved, and no material was produced to
establish that he had misappropriated a sum of
Rs.1,71,360/-. In the absence of supporting material, the
Enquiry Officer erred in holding that the charges were
proved.
(ii) Secondly, in similar circumstances involving
allegations of misappropriation of funds by other
workmen, lesser punishments had been imposed.
Therefore, the punishment of dismissal was
disproportionate to the charges. Hence, the Labour Court
was justified in modifying the punishment, but it erred in
denying back wages to the first party. Accordingly, the
learned counsel sought to allow the writ petition filed by
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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the workman and dismiss the writ petition filed by the
Corporation.
7. Heard the learned counsel for the parties and
perused the writ petition papers.
8. It is not in dispute that the first party-workman
was appointed as a driver-cum-conductor in the second
party-Corporation on 07.03.2007. It is also not in dispute
that a departmental enquiry was initiated against him on
the allegation of misappropriation of a sum of
Rs.1,71,360/-. The Enquiry Officer submitted a report
holding that the charges were proved. Thereafter, by order
dated 03.01.2015, the second party-Corporation dismissed
the first party-workman from service. The said order was
challenged before the Labour Court.
9. In the impugned award, the Labour Court
categorically held that the domestic enquiry conducted
against the first party-workman was fair and proper. Upon
considering the material placed on record by the parties,
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:56160
WP No. 4643 of 2020
C/W WP No. 6343 of 2020


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the Labour Court further held that the first party-workman
had failed to establish that he was innocent of the charges
levelled against him. His contention that he was innocent
was, therefore, rejected. The Labour Court also held that
the report submitted by the Enquiry Officer was not
perverse.
10. Despite recording the aforesaid findings, the
Labour Court proceeded to interfere with the order of
dismissal and modify the punishment. In view of the
findings recorded by the Labour Court regarding the
validity of the domestic enquiry and the absence of
perversity in the enquiry report, the interference with the
punishment imposed by the disciplinary authority requires
reconsideration herein.
11. It is brought to the notice of this Court, by way of
a memo, that pursuant to the interim order passed by this
Court on 06.03.2020, the second party-Corporation
reinstated the first party-workman into service, subject to
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:56160
WP No. 4643 of 2020
C/W WP No. 6343 of 2020


CNR: KAHC010037782020


the final outcome of the writ petition. It is further
submitted that a departmental enquiry was subsequently
initiated against the first party-workman in respect of
another charge and that he was dismissed from service on
19.12.2023.
12. Taking into consideration all the aforesaid
aspects and the reasons assigned by the Labour Court,
this Court is of the opinion that the impugned award
passed by the Labour Court is liable to be set aside.
13. Accordingly, the following order is passed:
ORDER
(i) W.P. No.4643/2020 is allowed.
(ii) The impugned award dated 15.06.2018 passed
by the Labour Court, Mysuru, in I.I.D. No.1/2015, vide
Annexure-F, is hereby set aside.
(iii) W.P. No.6343/2020 is dismissed.
Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

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HC-KAR
NC: 2026:KHC:56160
WP No. 4643 of 2020
C/W WP No. 6343 of 2020


CNR: KAHC010037782020


(iv) The order of dismissal dated 03.01.2015 passed
by the second party-Corporation against the first party-
workman is confirmed.

Digitally Signed by NARENDRA PRASAD
HAREKOPPA THIMMANNA GOWDA

(H.T. NARENDRA PRASAD)
JUDGE











CM
LIST NO.: 1 SL NO.: 26