KARNATAKA STATE ROAD TRANSPORT v. THE MANAGING DIRECTOR
WP/8642/2025 · 2025-04-08
B M Shyam Prasad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21367 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21367 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14944 WP No. 8642 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 8642 OF 2025 (L-KSRTC) BETWEEN:
KARNATAKA STATE ROAD TRANSPORT CORPORATION EMPLOYEES ASSOCIATION NO.4/41, 1ST FLOOR, 7TH CROSS, OPP VILSAN GURDEN POLICE STATION, SHANTINAGARA, BENGALURU-560 027, ITS REPRESENTED BY ITS GENERAL SECRETARY. …PETITIONER (BY SRI K B NARAYANA SWAMY, ADVOCATE) AND:
1.
THE MANAGING DIRECTOR, BENGALURU METROPOLITAN TRANSPORT CORPORATION (BMTC), CENTRAL OFFICE, SHANTINAGARA, BENGALURU-560 027.
2.
THE CHIEF LABOUR AND WELFARE OFFICER, BENGALURU METROPOLITAN TRANSPORT CORPORATION (BMTC), BENGALURU-560 027. …RESPONDENTS (BY SRI B L SANJEEV, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO SET ASIDE THAT PORTION OF THE CIRCULAR NO. 24/2024 DTD 22.03.2024 IMPUGNED AT ANNX-A WHICH WAS TREATED THE EMPLOYEES PERFORMING DUTY BY VIRTUE OF COURT ORDERS AS INELIGIBLE FOR THE COVERAGE UNDER THE GROUP INSURANCE SCHEME AS UNJUST,
Digitally signed by VANAMALA N Location: High Court of Karnataka
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NC: 2025:KHC:14944 WP No. 8642 of 2025
ARBITRARY AND DISCRIMINATORY AND TO DIRECT THE R-1 AND 2 TO COVER SUCH EMPLOYEES ALSO UNDER THE GROUP INSURANCE SCHEME.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER The petitioner has sought for quashing of the Circular dated 22.03.2024 [Annexure-A] issued by the first respondent. This Circular dated 22.03.2024, which ensures that there is Insurance Cover for every Officer/Workmen with the Transport Corporation in the event of demise while in service [Insurance Cover], in Clause [2]1, excludes those who are reinstated pursuant to the interim orders of the Courts/Tribunals.
Sri. K. B. Narayana Swamy, the learned counsel for the petitioner, is categorical in stating that the petitioner does not press the challenge to the Circular
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NC: 2025:KHC:14944 WP No. 8642 of 2025
dated 22.03.2024 in its entirety and that the petitioner's grievance is limited to Clause [2] which excludes those reinstated in terms of the interim orders/final orders in the respective proceedings with the concerned Labour Court from such coverage.
A certain set of employees of the Bengaluru Metropolitan Transport Corporation [BMTC] have called in question the aforesaid Clause in W.P.No.2693/2025 contending that the employees should not be differentiated for the purposes of issuance of Insurance Cover only on the ground that they are reinstated because of judicial intervention. This Court has disposed of this petition on 19.03.2025 opining that there should be tangible justification to treat the workmen differently in the matter of Insurance Cover and that the reasons offered to explain the workmen who were reinstated with judicial intervention are not tangible. The
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NC: 2025:KHC:14944 WP No. 8642 of 2025
petitioner's grievance is hence covered by this Court's opinion in the said order. Hence, the following:
ORDER The petition is disposed of declaring that the Circular dated 22.03.2024 [Annexure - A] cannot be cited by the respondents to refuse Insurance Cover to the petitioner's members on the ground that they are reinstated consequent to interim order in the respective Industrial Disputes and/or because the dispute persists with the parties agitating as against the terms of such reinstatement.
Sd/- (B M SHYAM PRASAD) JUDGE
RB