Facts
The petitioner, a conductor appointed in 1983, was dismissed following disciplinary proceedings.
Source reference: para. 4–10The Labour Court ordered his reinstatement with continuity of service, and the High Court upheld that order.
Source reference: para. 4–10After his transfer to the Sirsi Division, the Corporation included him at serial number 2 in a promotion list for Traffic Controller and posted him to Kumta.
Source reference: para. 4–10The Corporation subsequently cancelled his promotion, stating that it was subject to reversion if a person senior to him was identified in the promotion list.
Source reference: para. 4–10The petitioner challenged that cancellation under Articles 226 and 227 of the Constitution
Source reference: para. 4–10Issues
1. Whether the Corporation’s order cancelling the petitioner’s promotion to Traffic Controller should be quashed
Source reference: para. 10–112. Whether the petitioner’s challenge was governed by the Coordinate Bench decision in W.P. No. 100334/2025
Source reference: para. 11–13Law Applied
The Court treated the dispute as covered by the Coordinate Bench’s decision in W.P. No. 100334/2025, without setting out an independent legal test concerning cancellation of promotions.
Source reference: para. 11–13The referenced decision discussed the effect of a request transfer on seniority and Circular No. 775 dated 9 February 1990; it held that repeated representations do not create a vested right and that the circular applies to request transfers.
Source reference: para. 12Reasoning
The Court stated that the lis was no longer res integra because it was covered by the Coordinate Bench decision, reproduced that decision, and concluded that the present petition required no further consideration.
Source reference: para. 11–13It did not separately examine the terms of the petitioner’s promotion, the stated basis for cancelling it, or the applicability of the cited decision’s request-transfer and seniority principles to those facts.
Source reference: para. 11–13Holding
The Court dismissed the writ petition, leaving the cancellation of the petitioner’s promotion undisturbed.
No separate relief or direction was granted.
Source reference: para. 13Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
Industrial Disputes Act, 19471
Original Court PDF
DINAKAR DASU NAIKvsTHE MANAGEMENT OF NWKRTC
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