Karnataka HC Upholds Bus Conductor’s Reinstatement Despite Collecting Rs 35 From Five Unticketed Passengers, But Leaves Him Without Back Wages

The workman, a KSRTC Driver-cum-Conductor, was charged after a checking team found five passengers travelling without tickets despite the workman having collected ₹35 from them, and an ETM entry showing nine student-pass holders when only five were travelling.

Following a departmental enquiry, KSRTC dismissed him on 16 August 2019.

The workman challenged the dismissal under Section 10(4A) of the Industrial Disputes Act, 1947.

The Tribunal set aside the dismissal, directed reinstatement with continuity of service, but denied back wages, finding the penalty disproportionate and noting lesser penalties imposed in similar cases.

KSRTC challenged the setting aside of dismissal; the workman challenged the denial of back wages.

The workman invoked Section 10(4A) of the Industrial Disputes Act, 1947 to raise the industrial dispute.

A disciplinary penalty may be assessed for proportionality in light of the misconduct and relevant comparative treatment, and modification of a dismissal does not, by itself, entitle a workman to back wages.

The Court accepted the Tribunal’s findings that five passengers travelled without tickets and that the ETM overstated the number of student-pass holders.

It nevertheless declined to interfere with the Tribunal’s decision to set aside dismissal, having regard to its proportionality assessment and its finding that other employees had received lesser penalties for similar misconduct.

As to back wages, the Court held that modification of the dismissal did not itself justify such an award and found no sufficient ground to disturb the Tribunal’s decision, considering the circumstances and its findings.

It left undisturbed the Tribunal’s award setting aside the dismissal and directing reinstatement with continuity of service, without back wages.