KAHC030058022017_1

High Court: Karnataka High Court Bench: KALABURAGI
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Case Note & Summary

A batch of writ petitions was filed under Articles 226 and 227 of the Constitution of India by workmen of the Karnataka State Road Transport Corporation (KSRTC) and the North East Karnataka Road Transport Corporation (NEKRTC). The petitioners, holding posts such as Traffic Inspector, Conductor, Driver, Account Supervisor, Controller, and Labour Welfare Officer, challenged various stages of disciplinary proceedings. Some petitions sought the quashing of departmental charge sheets and the appointment of enquiry officers, alleging procedural illegality. Others impugned punishment orders of dismissal or lesser penalties, while another set of petitions assailed the awards of the Labour Court, Gulbarga and Kalaburagi, and the Industrial Tribunal, Hubballi, which upheld the disciplinary actions. The petitioners generally sought reinstatement with full back wages, continuity of service, and all consequential benefits. The matters were consolidated and listed for preliminary hearing before Justice Suraj Govindaraj at the Kalaburagi Bench on 13 July 2023. The judgment text provided only the introductory order listing the reliefs prayed for; the substantive reasoning and final decision of the court were not included. Consequently, the legal merits of the challenges remain undetermined from the available text.

Issue of Consideration

Challenges to departmental charge sheets, enquiry officer appointments, punishment orders, and labour court/industrial tribunal awards in disciplinary actions against workmen

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Case Details

2023 LawText (KAR) (07) 97

W.P.No.207355/2017 c/w W.P.Nos.200010/2014, 203006/2014, 203007/2014, 207009/2014, 202055/2017, 207246/2017, 207502/2017, 202834/2019, 203333/2019, 204111/2019

2023-07-13

Justice Suraj Govindaraj

P. Vilaskumar, Senior Advocate for Nitesh Padiyal (Petitioners); Ratna N Shivayogimath (Respondents 1-3 in W.P.207355/2017, Respondents 1-4 in W.P.207246/2017, Respondents 1-2 in W.P.207502/2017); Deepak V. Barad (Respondents in remaining matters); Maya T.R., HCGP (Government respondents)

Girish S/o Shivappa, Durgappa S/o Durgappa, Ambadas S/o Vasant Rathod, Omkar S/o Gurusiddappa, Mohan S/o Basawanappa Dhole, Syed Shabbir Hussain S/o Syed Ahmed, Sidramappa S/o Guranna, Chandrakant S/o Gundappa, Shankrappa V, Karankumar S/o Huleppa, Chandashekhar S/o Satyappa Valyapur

The Karnataka State Road Transport Corporation, The North East Karnataka Road Transport Corporation, The Divisional Controller North East Karnataka Road Transport Corporation Kalaburagi Division No.2, The Divisional Controller North East Karnataka Road Transport Corporation Yadgiri Division, Sri. A.C. Boraddi Advocate & Retired Public Prosecutor, The Divisional Controller NEKRTC Yadgir Division Yadgir, The Managing Director NEKRTC Central Office Gulbarga, The Divisional Controller NEKRTC Raichur Division Raichur, The Government of Karnataka Department of Law & Justice, The Government of Karnataka Department of Labour, The Divisional Controller North East Karnataka Road Transport Corporation Bidar Division, Sri S.N. Patil Advocate & Retired Public Prosecutor, The Divisional Controller NEKRTC Vijayapur Division

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Nature of Litigation

Multiple writ petitions under Articles 226 and 227 of the Constitution of India challenging disciplinary actions initiated by road transport corporations against their workmen.

Remedy Sought

Quashing of charge sheets, enquiry officer appointments, punishment orders, and labour court/industrial tribunal awards; reinstatement with full back wages, continuity of service, and all consequential benefits.

Filing Reason

Petitioners were aggrieved by departmental proceedings that resulted in dismissal or lesser penalties; some challenged the very initiation of proceedings as illegal.

Previous Decisions

Labour Court Gulbarga awards: KID No.145/2005 dated 23.5.2009, Ref No.4/2012 dated 10.08.2012, order dated 6.08.2010 in KID No.91/2009; Labour Court Kalaburagi awards: KID No.618/2010 dated 06.07.2011, order on issue no.1 in KID No.168/2010 dated 31.03.2011; Industrial Tribunal Hubballi award in ID No.259/2014 dated 05.03.2019; appellate authority order dated 25.1.2014.

Issues

Validity of departmental charge sheets Validity of appointment of enquiry officers Validity of punishment orders Correctness of labour court and industrial tribunal awards Entitlement to reinstatement with back wages and consequential benefits

Judgment Excerpts

In all the above matters, the petitioners - workmen are aggrieved by the disciplinary proceedings taken up by the respondent - Road Transport Corporation, by virtue of which, the workmen have either been dismissed from service or punishment lesser than dismissal have been awarded. Issue a writ of certiorari for quashing the departmental charge sheet issued by respondent no.3 dated 11.7.2017. Issue a writ of certiorari for setting aside the award of Labour Court Gulbarga passed in KID No.145/2005 dated 23.5.2009.

Procedural History

Various writ petitions were filed between 2014 and 2019 by workmen of KSRTC and NEKRTC challenging disciplinary actions. The petitions were consolidated and listed for preliminary hearing in 'B' group before Justice Suraj Govindaraj at the Kalaburagi Bench. On 13 July 2023, the court pronounced the order, the text of which beyond the recitation of reliefs sought is not available.

Acts & Sections

  • Constitution of India: Articles 226, 227
  • Industrial Disputes Act, 1947:
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