- 1 - HC-KAR NC: 2025:KHC:19100 WP No. 1418 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 1418 OF 2018 (L-KSRTC) BETWEEN: THE DIVISIONAL CONTROLLER, K.S.R.T.C., BENGALURU CENTRAL OFFICE, K.H. ROAD, BENGALURU , HEREIN REPRESENTED BY THE CHEIF LAW OFFICE, K.S.R.T.C., CENTRAL OFFICES, K.H. ROAD, SHANTHI NAGAR, BANGALORE-560 027. …PETITIONER (BY SRI SHRINIVAS B S, ADVOCATE FOR SRI SANJEEV B L, ADVOCATE) AND: SRI. B. C. PUTTARAJU, AGED ABOUT 63 YEARS, REPRESENTED BY GENERAL SECRETARY, UNITED EMPLOYEES UNION, NO.23, 4TH MAIN ROAD, MATHIKERE EXTENSION, BENGALURU - 560 054. …RESPONDENT (BY SRI A JOHN BOSCO, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS OF THE PROCEEDINGS OF THE INDUSTRIAL TRIBUNAL, BANGALORE PERTAINING TO I.D.NO.41/2011 WHICH HAS CULMINATED IN ITS AWARD DTD 06.06.2017 VIDE ANNX-C. QUASH THE AWARD DTD 06.06.2017 PASSED BY THE INDUSTRIAL TRIBUNAL, BANGALORE IN I.D.NO.41/2011 VIDE ANNX-C. Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19100 WP No. 1418 of 2018 THIS PETITION, COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed assailing the award dated 06.06.2017 in Industrial Dispute No.41/2011 on the file of the Industrial Tribunal Bangalore (for short 'Tribunal'). 2. The aforementioned dispute is raised by the present respondent, aggrieved by the penalty imposed by the Disciplinary Authority. In terms of the order impugned before the Tribunal, the Disciplinary Authority has withheld two annual increments without cumulative effect. 3. The Industrial Tribunal has set aside the penalty in part and imposed the penalty of withholding one increment. Aggrieved by the said award, the Corporation is before this Court. 4. Learned counsel for the petitioner/Corporation would submit that the penalty imposed in the disciplinary enquiry is a minor penalty, as such, there was no need to hold - 3 - HC-KAR NC: 2025:KHC:19100 WP No. 1418 of 2018 the disciplinary enquiry. Assuming that the enquiry was required to be held, then also considering the fact that the enquiry was held before the Industrial Tribunal, wherein the Corporation and also the employee have led evidence, the Tribunal was required to consider the evidence led before it and then ought to have passed an award considering the evidence before it. 5. It is submitted that the Tribunal has modified the penalty without considering the evidence. 6. It is further submitted that non-compliance of Regulation 12 of Karnataka State Road Transport Corporation Servants (Conduct And Discipline) Regulations, 1971 (for short 'the Regulations, 1971) is not a ground to modify the penalty when the evidence is recorded before the Tribunal. 7. This Court has considered the contentions raised at the Bar. 8. It is noticed that under Regulations, 1971 to dispense with the enquiry there has to be a speaking order. However, no such order is passed. - 4 - HC-KAR NC: 2025:KHC:19100 WP No. 1418 of 2018 9. Admittedly, before the Tribunal the enquiry is held as the Industrial Tribunal came to the conclusion that the enquiry was not held before the disciplinary authority. Both parties led evidence in support of their case as the Tribunal itself has allowed the parties to lead evidence to substantiate their claim. The Tribunal was under an obligation to consider the evidence and thereafter pass an appropriate award. Despite evidence being available before it, the Tribunal has not considered the evidence placed on record and passed the impugned award. 10. This Court thus finds merits in the contentions raised by the learned counsel for the petitioner. Without considering the evidence led before it, the Tribunal could not have reduced the penalty. Hence, the impugned award is liable to be set-aside. 11. Hence the following: ORDER i. The writ petition is allowed in part. ii. The impugned award dated 06.06.2017 passed by - 5 - HC-KAR NC: 2025:KHC:19100 WP No. 1418 of 2018 the Industrial Tribunal, Bangalore in I.D.No.41/2011 is set aside. iii. The matter is remanded to the Industrial Tribunal, Bengaluru for fresh consideration with a direction to consider the evidence led before. iv. It is made clear that this Court has not expressed anything on merits of the matter. The dispute shall be decided on its merit without being influenced by this order setting-aside the award. v. All contentions left open. Sd/- (ANANT RAMANATH HEGDE) JUDGE RKA List No.: 1 Sl No.: 153