North West Karnataka Road Transport ... vs R S Abdul Khadar on 8 February, 2013

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Karnataka High Court

North West Karnataka Road Transport ... vs R S Abdul Khadar on 8 February, 2013

Bench: B S Indrakala

                          1




         IN THE HIGH COURT OF KARNATAKA
            CIRCUIT BENCH AT DHAR WAD

   DATED THIS THE 8 T H DAY OF FEBRUARY, 2013

                      PRESENT

   THE HON'BL E MR. K. SREED HAR R AO, ACTING
                 CHIEF JUS TICE

                        AND

      THE HON'BL E MRS.JUSTICE B.S. INDRAKALA

        WRIT APPEAL NO.6483/2011 (L -KSRTC)

BETWEEN:

NORTH WES T KARNA TA KA ROAD
TRANSPORT CORPORATION
SIRSI DIVISION, S IRSI, REPRESENTED BY
ITS CHIEF LAW OFFICER,
SMT. PREMA BANAVI
                                      ... APPELLANT

(BY SRI J S SHETTY ASSOCIA TES , ADVOCA TES .)

AND

R S ABDUL KHADAR
AGE: 52 YEARS ,
R/O RIPPENPETH
TQ: HOSANAGAR,
DIST: SHIMOGA
                                     ... RESPONDENT

(BY SRI M H BHAT & RAVI HEGDE, ADVOCA TES.)

     THIS WRIT APPEAL IS FILED U /S.4 OF TH E
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE
THE ORDER DATED:15/11/2011, PASSED BY THE
LEARNED    SINGLE  JUDGE,  IN  WRIT   PETITION
NO.63687/2010, BY ALLOWING THIS WRIT APPEAL,
WITH COS T THROUGH OUT.
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     THIS APPEAL COMING ON FOR PRELIMINARY
HEARING, THIS DAY , THE ACTING CHIEF JUSTICE,
DELIVERED THE FOLLOWING JUDGMENT:


                    JUDGMENT

K. SREEDHAR RAO, Ag. C.J. (Oral) The respondent was working as a driver in the appellant corporation. He was charged for drunk and driving and plying the vehicle in the state of drunk and driving towards a different destination. The Labour Court has found that the domestic enquiry held is fair and proper and found that the allegation is substantially proved. But however found that the imposition of dismissal against him by the management was held to be excessive and harsh. Therefore directed reinstatement without back wages with continuity of service. The learned Single Judge confirmed the order of the Labour Court.

2. Shri J.S.Shetty, the learned counsel for the appellant submitted that the charge proved 3 against the respondent is of serious nature. Besides, the dispute is raised belatedly 10 years after dismissal.

3. Upon thorough consideration of the submissions made at the Bar, we find that the delay in making the reference has not been challenged by the management at the earliest. But the said contention is taken as a plea before the Labour Court.

4. On overall consideration, we find that there is no merit in the appeal. The view taken by the learned single Judge does not call for interference. Accordingly, the appeal is dismissed.

Sd/-

ACTING CHIEF JUSTICE Sd/-

JUDGE Mrk/-

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