- 1 - HC-KAR NC: 2025:KHC-K:3130 WP No. 204417 of 2018 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.204417 OF 2018 (L-KSRTC) BETWEEN: 1. THE MANAGING DIRECTOR, N.E.K.R.T.C., CENTRAL OFFICE, SARIGE SADAN, MAIN ROAD, KALBURAGI. 2. DIVISIONAL CONTROLLER, N.E.K.R.T.C. HOSPET DIVISION, HOSPET. BOTH PETITIONER NO.1 & PETITIONER NO.2 REPRESENTED BY CHIEF LAW OFFICER, KALABURAGI. …PETITIONERS (BY SRI. SHARANABASAPPA M. PATIL, ADVOCATE) AND: SHASHIDHAR S/O KARBASAYYA HIREMATH, AGE: 42 YEARS, OCC: NIL, (EX CONDUCTOR NO.280) N.E.K.R.T.C. HOSPET, R/O PATIL ONNI, KUSTAGI DIST. KOPPAL-582114. …RESPONDENT (BY SRI. KRUPA SAGAR PATIL, ADVOCATE) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3130 WP No. 204417 of 2018 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I) ISSUE A WRIT OF CERTIORARI, WHERE BY QUASHING THE AWARD PASSED BY THE DISTRICT JUDGE AND PRESIDING OFFICER LABOUR COURT KALABURAGI IN KID NO.44/2017 DATED 18.06.2018, WHICH IS ANNEXURE-B TO THE WRIT PETITION. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) Respondent was serving as a conductor in the petitioner-Corporation. On 25.06.2010, when the bus in which the respondent was conductor, was plying between Tavargere to Kartagi route, the checking squad examined the tickets issued by respondent to the passengers and found that respondent had not issued tickets to 7 passengers and had not collected the fare amount. For the said reason disciplinary proceedings were initiated against respondent and it was ordered that his services should be terminated. Aggrieved by the said order passed by - 3 - HC-KAR NC: 2025:KHC-K:3130 WP No. 204417 of 2018 petitioner No.1, the respondent raised an industrial dispute and KID No.44/2017 came to be registered before the District Judge and Presiding officer, Labour Court Kalaburgi. 2. The Labour Court came to the conclusion that the enquiry conducted by the petitioners to be improper and not fair. However, an opportunity was given to the petitioners to lead the evidence and show that the respondent-workmen is guilty of the allegations made against him. Based on the pleadings and evidence let in, the Labour Court came to the conclusion that the respondent herein is guilty of not issuing tickets to 7 passengers and not collecting the fare. However, the Labour Court concluded that it was not right on the part of the petitioners herein dismissing the respondent from service. It came to the said conclusion on the ground that the order of punishment is not proportionate to the misconduct. It concluded that the petitioner herein failed to produce materials before the Labour Court to show - 4 - HC-KAR NC: 2025:KHC-K:3130 WP No. 204417 of 2018 involvement of the respondent-workmen in alleged misconduct in the past. Further, on the ground that non recording of the statement of ticketless passengers by the Corporation and other circumstantial evidence goes to show that the respondent-workman had no intention to not to issue the tickets, but inadvertently he has violated the rule that the tickets have to be issued before the journey commences. On the said ground, the following order has been passed: “The claim petition filed by first party/workman U/Sec.10(4-A) of Industrial Disputes Act 1947 is hereby partly allowed by setting aside the dismissal order passed by the second party/respondent No.2 vide its No.NEKT/HSP/DFL/296/2015 (1489/2010/ 2139/2017-18) dated 30.10.2017. The second party / respondents are hereby directed to reinstate the first party/workman into service within four weeks from the date of enforceability of the award without back wages, with continuity of service with the last pay drawn, without costs by withholding four annual increments with cumulative effect.” - 5 - HC-KAR NC: 2025:KHC-K:3130 WP No. 204417 of 2018 3. Aggrieved by the same, the present writ petition is filed by petitioner herein. 4. The case of the petitioner is, by necessary evidence it has been able to establish that the respondent had failed issue tickets to the passengers before starting of the bus. When the bus was plying on the road it was stopped by the checking squad and when they examined the passengers, they found that 7 passengers were not issued tickets by the respondent. It is contented that this clearly establishes the intention of the respondent to not to issue tickets to 7 passengers. It is further submitted that the respondent has not taken a defence that he was in the process of issuing tickets, when the checking squad checked about issuance of tickets. It is also submitted that the petitioner had indulged in violation of Corporation Rules and Regulations several times in the past and even after the alleged incident. During the course of hearing, learned counsel for the petitioners produced records to show that certain allegations were made against the - 6 - HC-KAR NC: 2025:KHC-K:3130 WP No. 204417 of 2018 respondent in the past and also subsequent to the present enquiry. 5. Though the learned counsel for the respondent justified the order passed by the Labour Court, he failed to substantiate the same and could not rebut the submission of the learned counsel for the petitioners. 6. Records reveal that the respondent was required to issue tickets prior to starting of the bus, which he failed to do so and when the bus was playing on Tavargere-Kartgi route, the bus was stopped by the checking squad and the tickets issued by the respondent was examined and it has been found that there were seven ticketless passengers, which clearly establishes the mens rea on the part of the respondent not to issue tickets to them. 7. The said conduct of the respondent amounts to a grave misconduct, because of which petitioner No.1 has imposed the penalty of dismissal. No fault can be found in - 7 - HC-KAR NC: 2025:KHC-K:3130 WP No. 204417 of 2018 the same. The evidence also establishes the fact that the respondent did not have the required integrity essential for a conductor. The Labour Court has exercised its discretion erroneously and due to misplaced sympathy has reduced the punishment imposed on respondent without any justifiable grounds. 8. For the aforementioned reasons, the writ petition is hereby allowed. The impugned award dated 18.06.2018 passed in KID No.44/2017 by the District Judge and Presiding Officer, Labour Court, Kalaburagi insofar as it relates to reducing the punishment imposed on the respondent by modifying the order passed by petitioner No.1 is set aside and the order of dismissal made against the respondent by petitioner No.1 is upheld. Sd/- (M.I.ARUN) JUDGE SMP/LG List No.: 1 Sl No.: 44 CT:SI