Sri. Wamanrao P Lamani Badge No.3623 vs The Divisional Controller And on 3 June, 2013

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Karnataka High Court

Sri. Wamanrao P Lamani Badge No.3623 vs The Divisional Controller And on 3 June, 2013

Bench: Ram Mohan Reddy

                           -1-
                                       W.P.No.81364/2011



         IN THE HIGH COURT OF KARNATAKA
            CIRCUIT BENCH AT GULBARGA

       DATED THIS THE 03RD DAY OF JUNE, 2013

                        BEFORE

   THE HON'BLE MR.JUSTICE RAM MOHAN REDDY

       WRIT PETITION No.81364/2011 (L-KSRTC)

BETWEEN:

SRI. WAMANRAO P. LAMANI
BADGE NO.3623, AGE: 52 YEARS
OCC: EX-CONDUCTOR
MUDDEBIHAL DEPOT, R/O MUDDEBIHAL
C/O K.M.NAGATHAN, ADVOCATE
DARBAR GALLI, BAGALKOT ROAD, BIJAPUR
                                        ... PETITIONER

(BY SRI SANJAY M. JOSHI, ADVOCATE)

AND:

THE DIVISIONAL CONTROLLER
AND DISCIPLINARY AUTHORITY
NWKRTC, BIJAPUR DIVISON
NEAR SAINIK SCHOOL, BIJAPUR
                                        ... RESPONDENT

(BY SMT. RATNA N. SHIVAYOGIMATH ASSTS, ADV.)


       THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE
WRIT PETITION, BY CALLING FOR THE RECORDS OF THE
COURT BELOW AND BE PLEASED TO SET ASIDE THE AWARD
                                    -2-
                                                W.P.No.81364/2011



DATED          24.02.2010   IN   KID   NO.7/2009,   PRODUCED    AT
ANNEXURE-E AND ETC.

          THIS PETITION COMING ON FOR PRL.HEARING IN 'B'
GROUP THIS DAY, THE COURT MADE THE FOLLOWING:


                                 ORDER

A conductor in the respondent's Road Transport Corporation aggrieved by the award dated 24.02.2010 in KID No.07/2009 of the Presiding Officer, Labour Court, Bijapur, dismissing the claim petition of the petitioner- workman with regard to the Industrial dispute over dismissal from service by order dated 08.09.2008 has presented this petition.

2. Learned counsel for the petitioner submits that in the light of the five Judge Bench decision in JAIPUR ZILLA SAHAKARI BHOOMI VIKAS BANK LTD. v. RAM GOPAL SHARMA 1, observing that termination of service of the workman in violation of Section 33 (2)

(b) of the Industrial Disputes Act, 1947 (for short 'the 1 AIR (2002) 2 SCC 244 -3- W.P.No.81364/2011 Act') is void and inoperative, the Labour Court in the instant case was not justified in dismissing the claim petition though the respondent-Corporation did not admittedly obtain permission under Section 33 (2) (b) of the Act, before terminating the services of the petitioner by order dated 08.09.2008 whence I.D. No.148/2005 over charter on demands of employees of the Road Transport Corporation was pending.

3. Learned counsel for the petitioner further submits that the petitioner will be satisfied with an order of reinstatement with continuity of service, however without backwages.

4. Learned counsel for the respondent- Corporation does not oppose the said submission. In that view of the matter, this petition is allowed. The award of the Labour Court dated 24.02.2010 is quashed and the respondent-Corporation is directed to reinstate the petitioner to the post of conductor forthwith together -4- W.P.No.81364/2011 with consequential benefits and continuity of service, but without backwages.

Sd/-

JUDGE LG

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