Case Note & Summary
The petitioner, the Managing Director of Bangalore Metropolitan Transport Corporation (BMTC), challenged an order dated 04.09.2012 passed by the Karnataka State Women Commission (respondent No.2) in Complaint No. KARAMA 38 & 39/2007-08. The respondent No.1, Smt. Sumitra, a Junior Assistant in BMTC, had filed a complaint before the Commission alleging unfair labour practice and illegal transfer from Depot No.15 to Depot No.21, causing mental agony and torture. The Commission issued a show-cause notice to the petitioner, who produced files showing that the complainant was not performing her duty and was indulging in other activities and creating nuisance. The petitioner argued that the Commission had no jurisdiction to entertain the complaint as it pertained to a service matter, which is not within the scope of the Karnataka State Women Commission Act, 1995. The court examined Section 10 of the Act, which defines the functions of the Commission, including investigation and examination of matters relating to women's rights, deprivation, discrimination, and non-implementation of laws. The court held that the transfer of an employee is a service matter and does not fall within the ambit of 'matters relating to women' under the Act. The Commission exceeded its jurisdiction by adjudicating the complaint. Consequently, the court allowed the writ petition, quashed the impugned order, and directed that the complaint before the Commission be treated as closed.
Headnote
A) Constitutional Law - Jurisdiction of State Women Commission - Scope of Section 10 of Karnataka State Women Commission Act, 1995 - The Commission's jurisdiction is limited to matters relating to women, such as violation of rights, deprivation, or discrimination, and does not extend to service disputes like transfer of an employee - Held that the Commission exceeded its jurisdiction by entertaining a complaint regarding transfer of a Junior Assistant, which is a service matter not covered under the Act (Paras 1-4).
Issue of Consideration
Whether the Karnataka State Women Commission has jurisdiction to entertain a complaint regarding transfer of a woman employee in a public sector corporation, which is essentially a service matter.
Final Decision
The writ petition is allowed. The impugned order dated 04.09.2012 passed by the Karnataka State Women Commission in Complaint No. KARAMA 38 & 39/2007-08 is quashed. The complaint before the Commission shall stand closed.
Law Points
- Jurisdiction of State Women Commission
- Scope of Section 10 of Karnataka State Women Commission Act
- 1995
- Service matters not within Commission's purview
- Transfer of employee not a women's issue
Case Details
2016 LawText (KAR) (11) 25
Writ Petition No.48227/2012 (S-KSRTC)
Smt. H.R. Renuka for petitioner; Sri H.P. Gangesh Gowda and Smt. Rattihalli Geetha Veeranna for R1; Sri D. Aswathappa, AGA for R2
The Managing Director, Bangalore Metropolitan Transport Corporation
Smt. Sumitra, Karnataka State Women Commission
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India challenging order of Karnataka State Women Commission
Remedy Sought
Quashing of order dated 04.09.2012 in Complaint No. KARAMA 38 & 39/2007-08 passed by Karnataka State Women Commission
Filing Reason
The Commission entertained a complaint regarding transfer of a woman employee, which is a service matter and beyond its jurisdiction
Previous Decisions
The Commission issued a show-cause notice and passed the impugned order on 04.09.2012
Issues
Whether the Karnataka State Women Commission has jurisdiction to entertain a complaint regarding transfer of a woman employee in a public sector corporation, which is essentially a service matter.
Submissions/Arguments
Petitioner argued that the Commission has no jurisdiction to entertain the complaint as it pertains to a service matter, which is not within the scope of the Karnataka State Women Commission Act, 1995.
Respondent No.1 contended that the transfer was illegal and amounted to unfair labour practice and harassment.
Ratio Decidendi
The Karnataka State Women Commission's jurisdiction under Section 10 of the Karnataka State Women Commission Act, 1995 is limited to matters relating to women, such as violation of rights, deprivation, or discrimination, and does not extend to service disputes like transfer of an employee. The Commission exceeded its jurisdiction by entertaining a complaint regarding transfer of a Junior Assistant, which is a service matter not covered under the Act.
Judgment Excerpts
The respondent No.1, a Junior Assistant in the petitioner Corporation, having filed a complaint before the respondent No.2 – Karnataka State Women Commission, alleging that the petitioner indulged in an unfair labour practice and she was illegally transferred...
The Commission having issued a Show-Cause Notice, the petitioner produced the files showing that the complainant instead of performing her duty as an employee, indulged in other activities, created nuisance...
The Commission has no jurisdiction to entertain the complaint as it pertains to a service matter, which is not within the scope of the Karnataka State Women Commission Act, 1995.
Procedural History
Respondent No.1 filed a complaint before the Karnataka State Women Commission in 2007-08. The Commission issued a show-cause notice to the petitioner. After hearing, the Commission passed the impugned order on 04.09.2012. The petitioner filed this writ petition on 26.11.2012 challenging the order.
Acts & Sections
- Karnataka State Women Commission Act, 1995: Section 10
- Constitution of India: Articles 226, 227
