The Karnataka State Road Transport ... vs G S Nagappa S/O Shankarappa on 17 July, 2008

[Cites 2, Cited by 1]

Karnataka High Court

The Karnataka State Road Transport ... vs G S Nagappa S/O Shankarappa on 17 July, 2008

Bench: H.G.Ramesh

W.P.N0.13052/2006
IN THE HIGH OOURT OF KARIIATAKA AT BANGALORE
DATED THIS THE 17" DAY OF' JULY 2008

nmmnm  _ _
mm Horrsm HR..JU8'I'ICE ma. j [ f
wax». NO. 1305212006 [L--KSRTC]    'T

BETWEEN :

THE KARNATAKA STATE ROAD
TRANSPORT CORPORATION
CENTRAL OFFICE

SARIGE SADANA
SHANTHINAGQR

. BANGALORE 560 027

REP. BY ITS CHIEF' LAW oii'?1,?:ER  1; .
[KSRTC MYSORE DIVISIGN IS NQW     
REP. BY :'rscH1EFL.a._w OFEFICERL    ;_.~.'PE'I'f'I'IONER

(BY Sm' sHwET§;it&';:;:si§a:~Ip;«_A1)y*;}':    T 

AND:

GSNAGAPPAVV,' " _ _
s/0 SHANKARAFPA  
EX--CON§_BUCﬂ'OR "

 " 'AGED..?iai'-30§IT 15 YRS' '  ''''' --« *
I_JANKAL  ~

  (RES1~Yg)VND'E1I%"I:'T'¥':1b§T'§§'VED)

_  'FEET .C_ONS'I'I'Z'IJ'I'IOl\3 OF INDIA PRAYING TO QUASH THE

 _ IMPUGNED ORDER DT. 5.12.2005 V¥DE ANNEX.I+'. PASSED BY

'* . " 'THE LAESOUR comm, HUBLI, IN KID No.3/2000 TO THIS WRIT
 'PETITION.

V' »  frag comm' MADE THE FOLLOWING:

';iosAI3LIRGA~T'A;i)K.
cr~zITIzaDu.RcaA' :3I;";TI+e1c*:'  RESPONDENT

THIS FILED UNDER THE ARTICLES 226 85 227 015' THIS WP COMING ON FOR FINAL HEARING THIS DAY, W. BNO. 8052/2006 0 3 Q E R This writ petition by the KSRTC is directed against the award dated 5th December 2005 the Principal Labour Court, I-Iubli, allowing the ﬁled by the respondenvworklnan u of the L1). Act [as amended in 3' aside the order of dismissal dzitezg 2&8. 1999 the petitioner-KSRTC the respondent

2. I have appearing for the petifienef _.'t1.1e impugned order at Annexu_r_e-F; The. though served with the " ':*2otie:%; ef has remained unrepresented. V'i'1_';e while he was worldng as a conductor .f§e3:i1Eioner~KSR1'C, was subjected to a enquiry on the charge that he had unauthorisedly absent for more than six % 'F':-1V'i,i;p1it1as from 22.12.1994 to 10.7.1995. The said ldiscipunaxy enquiry resulted in his dismissal from the \&"1/' W.P.NO. 13052/2006 health, during the above said period. But it may be noted that the petitioner had put more than 10 years of service, by the ;'*--i _ was dismissed from services and thwh has not been taken into oon.sidere:ztior';« by"g;;3 « disaplmwy authority punishment order and eeeee, } years in concluding the the dismissal

3. Learned counsel fQ1_l'JthB on a judgment of t3'1e'A';:}§on.'E%1e " in North Eastern V. Ashappa [(2006) 5 em the Labour Court was not justiﬁegi with the quantum of by the disciplinary authority. It ietp::--;1evant..to the following observations made the Court in Ashappfs case:

V It is a statutory organization. It _' ' "8. absent fora long time, in our ff Vopitzion, cannot be said to be c: minor ""--:rh.ieconc£uct. The almzzmt runs a ﬂeet of has to provide public utility services. For M 'W.P.N0. 13052/2006 running the bases, the service of the conductor is imperative. No employer running a ﬂeet of buses can allow ' employee to remam absent for a long' dd opportunrttes to resume ms 'd'.oespi?¢d such notig, he He found not only to have dfzsératvfofyi a period of more than three=i{edf3,léave"'4 records were seeﬁ that he remained on several 1; Vof the :z be d that the respondent hérein"'has: :.:%§d%:2¢§2 lightly.'

4. In the of observations made 'by I-i'on'b.1e Court, in my opinion, the requires to be reconsidered by . the Accordingly, I make the followln' g d d ? L Q" d orcicit the impugled award dated 5.12.2005 I insofar as it relates to modiﬁcation of the punishment is set: aside. [ii] the matter is remitted to the Labour 5<K%/ W. P.NO. 13052/2006 Court for reconsideration in accordance with law.

[iii] the Labour Court is direct' ed to jj of the matter expediﬁousry andixi ' event within six months "dam of receipt] production of a 2<__:dp_3.r of '~ V' order.

Petition disposed. t")£_

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