Karnataka High Court
Karnataka State Road Transport ... vs K N Surappa on 5 March, 2020
Author: G.Narendar
Bench: G.Narendar
WP 60460/2014
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF MARCH, 2020
BEFORE
THE HON'BLE MR.JUSTICE G.NARENDAR
W.P.NO.60460/2014 (L-KSRTC)
BETWEEN
KARNATAKA STATE ROAD
TRANSPORT CORPORATION,
KOLAR DIVISION,
KOLAR-563101,
BY ITS DIVISIONAL CONTROLLER
REP. BY ITS CHIEF LAW OFFICER.
... PETITIONER
(BY SMT RENUKA H R, ADV.)
AND
K N SURAPPA
ADULT, ASSISTANT ARTISAN,
C/O PRESIDENT
KSRTC STAFF & WORKERS UNION
KOLAR DIVISION
KOLAR-563101.
... RESPONDENT
(BY SRI SHANKARAPPA, ADV.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH
THE AWARD OF THE INDUSTRIAL TRIBUNAL, KOLAR
DTD.4.4.2014 IN ID.NO.170/2009 (ANNEX-F) ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
WP 60460/2014
2
ORDER
1. Heard the learned Counsel for the petitioner and the learned Counsel for the respondent.
2. Learned Counsel for the petitioner-Corporation submits that the respondent is guilty of committing serious misconduct of tampering the attendance register and also claiming salary for the period during which he was absent.
3. The gist of the allegation by the petitioner- Corporation against the respondent is that between the period from 17.06.2005 to 21.06.2005, he was unauthorizedly absent from duty. Despite the absence, the respondent has been paid the wages for the said period.
4. It is contended by the learned Counsel for the petitioner that a question mark had been entered in the attendance register for the aforesaid relevant dates of absence of the respondent. That the said question mark was altered to read as 'L' indicating leave. That thereafter, the said 'L' came to be altered to read as 'P'. It is submitted by the learned Counsel for the petitioner that respondent WP 60460/2014 3 pleading guilty would not suffice as the beneficiary of the criminal act is the respondent alone.
5. Per contra, learned Counsel for the respondent would take this Court to the impugned award and submits that the Industrial Tribunal was justified in modifying the punishment imposed by the Inquiry Officer.
6. The Industrial Tribunal, after examining the material on record, has held that the domestic inquiry conducted was not fair and proper and thereafter it has proceeded to rely on the admissions of MW-2 who deposed that the muster roll was not in the custody of the workman and proceeded to hold that second party was successful in establishing Ex.M3 regarding the absence of the workman for the mentioned dates. Thereafter, the Industrial Tribunal has proceeded to look into the punishments awarded in the other cases and on parity, was pleased to hold that the petitioner be visited with the punishment of reducing the basic pay of the workman by one annual increment without cumulative effect, and thereby set aside the WP 60460/2014 4 punishment of reduction of basic pay by five annual increments with cumulative effect. The Industrial Tribunal was further pleased to hold that the second party was justified in treating the period between 17.06.2005 to 21.06.2005 as unauthorized absence and permitted the petitioner for recovery of salary of the workman during the said period.
7. In the opinion of this Court, the Industrial Tribunal having come the conclusion that the allegation of unauthorized absence has been proved, could not have let off the respondent-workman lightly. Be that as it may, since it is now submitted by both the learned Counsel that the respondent-workman has attained superannuation, and in the light of the circumstances narrated above, this Court is of the considered opinion that equity would be met if the writ petition is partly allowed by modifying the award of the Labour Court.
8. Accordingly, the writ petition is allowed in part. The award dated 04.04.2014 passed by the Industrial Tribunal WP 60460/2014 5 modifying the punishment order dated 29.06.2006, is modified by reducing the basic pay of the workman by two annual increments without cumulative effect. The other part of the award is not disturbed.
Sd/-
JUDGE KK CT-HR