KSRTC Driver Took 17 Passengers From A Punctured Bus For Breakfast; Karnataka HC Upholds Tribunal’s Decision To Set Aside His Pay Cut

The workman, a KSRTC driver, drove a contract bus permitted to carry 55 passengers. On 31 May 2009, a checking squad found 72 passengers aboard. The workman explained that passengers from another hired bus had been transferred because that bus had suffered a puncture and they needed to reach a nearby restaurant.

After a domestic enquiry found the charge proved, KSRTC imposed a penalty of reduction of basic pay by two stages of annual increments with cumulative effect. The Industrial Tribunal allowed the workman’s reference and set aside the punishment; KSRTC challenged the award under Articles 226 and 227 of the Constitution.

The Court identified no specific statutory provision or precedent as the basis for its decision. The petition invoked the High Court’s jurisdiction under Articles 226 and 227 of the Constitution.

In deciding whether to interfere with the Tribunal’s award, the Court assessed the evidence and circumstances underlying the disciplinary charge, including the workman’s explanation for the excess passengers and whether he had collected additional fare.

The Court accepted that 72 passengers were aboard a bus contractually limited to 55.

However, evidence from the hirer and the driver of the other bus supported the workman’s explanation that the additional passengers had been transferred after that bus suffered a puncture, so they could reach a nearby restaurant.

The checking squad had not alleged that the workman collected additional fare, and no excess amount was found in his possession.

In those circumstances, the Court found the Tribunal justified in setting aside the penalty and saw no basis to interfere with its award.