Case Note & Summary
The appellant, Basha P, an employee of the Karnataka State Road Transport Corporation (KSRTC), was involved in an industrial dispute (I.D.No.4/2020) before the Principal District and Sessions Judge, Chikkaballapur. The District Judge passed an award on 25.03.2022 directing his reinstatement. KSRTC challenged this award by filing Writ Petition No.15162/2023 before the High Court of Karnataka. The learned Single Judge, by order dated 20.12.2023, set aside the award and dismissed the petition. Aggrieved, the employee filed the present Writ Appeal No.1275/2024 along with an application (I.A.1/2024) to condone the delay in filing the appeal. The Division Bench, comprising the Chief Justice and Justice C M Joshi, heard the matter. The Court allowed the application for condonation of delay, noting the reasons stated therein. On merits, the Court allowed the appeal, set aside the order of the learned Single Judge, and restored the award of reinstatement passed by the Principal District Judge. The Court directed the respondent KSRTC to reinstate the appellant as per the award. The judgment was delivered orally by the Chief Justice.
Headnote
A) Industrial Law - Reinstatement - Delay Condonation - The appellant employee challenged the order of the learned Single Judge which set aside the award of reinstatement passed by the Principal District Judge. The Division Bench condoned the delay in filing the appeal and allowed the appeal, setting aside the Single Judge's order and restoring the award of reinstatement. (Paras 1-3)
Issue of Consideration
Whether the learned Single Judge erred in setting aside the award of reinstatement passed by the Principal District and Sessions Judge in I.D.No.4/2020.
Final Decision
The appeal is allowed. The order dated 20.12.2023 passed by the learned Single Judge in Writ Petition No.15162/2023 is set aside. The award dated 25.03.2022 passed by the Principal District and Sessions Judge, Chikkaballapur, in I.D.No.4/2020 is restored. The respondent is directed to reinstate the appellant as per the award.
Law Points
- Delay condonation
- Reinstatement
- Industrial Dispute
- Writ Appeal
Case Details
2025 LawText (KAR) (07) 7
WA No. 1275 of 2024 (L-KSRTC)
Vibhu Bakhru, C.J., C M Joshi, J.
Sri Shekar L. for appellant, Smt. Renuka H.R. for respondent
The Divisional Controller, K.S.R.T.C.
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Nature of Litigation
Writ Appeal against order of Single Judge in a service matter involving reinstatement of an employee.
Remedy Sought
Appellant sought setting aside of the Single Judge's order and restoration of the award of reinstatement.
Filing Reason
The appellant was aggrieved by the order of the learned Single Judge setting aside the award of reinstatement passed by the Principal District Judge.
Previous Decisions
The Principal District and Sessions Judge, Chikkaballapur, passed an award dated 25.03.2022 in I.D.No.4/2020 directing reinstatement of the appellant. The learned Single Judge set aside this award on 20.12.2023 in Writ Petition No.15162/2023.
Issues
Whether the learned Single Judge erred in setting aside the award of reinstatement.
Submissions/Arguments
Appellant argued that the Single Judge's order was erroneous and the award of reinstatement should be restored.
Ratio Decidendi
The Division Bench found that the learned Single Judge erred in setting aside the award of reinstatement and restored the same, condoning the delay in filing the appeal.
Judgment Excerpts
For the reasons stated in the application - I.A.1/2024, the same is allowed. The delay in filing the appeal is condoned.
The appellant has filed the present appeal impugning an order dated 20.12.2023 passed by the learned Single Judge in Writ Petition No.15162/2023 [L-KSRTC]...
The appeal is allowed. The impugned order dated 20.12.2023 passed by the learned Single Judge is set aside.
Procedural History
The Principal District and Sessions Judge, Chikkaballapur, passed an award on 25.03.2022 in I.D.No.4/2020 directing reinstatement of the appellant. KSRTC challenged this award by filing Writ Petition No.15162/2023 before the High Court of Karnataka. The learned Single Judge, by order dated 20.12.2023, set aside the award. The appellant filed the present Writ Appeal No.1275/2024 along with an application for condonation of delay. The Division Bench heard the matter on 29.07.2025 and allowed the appeal.
Acts & Sections
- Karnataka High Court Act: Section 4
