- 1 - NC: 2025:KHC:2373-DB WA No. 1432 of 2024 C/W CCC No. 793 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 1432 OF 2024 (L-RES) C/W CIVIL CONTEMPT PETITION NO. 793 OF 2024 IN WA NO. 1432 OF 2024 BETWEEN: 1. THE DIVISIONAL CONTROLLER B.M.T.C. NORTH DIVISION YASHAWANTHAPURA BENGALURU-560 022 REPRESENTED BY ITS CHIEF LAW OFFICER BMTC, CENTRAL OFFICES K.H. ROAD SHANTHINAGAR BANGALORE-560 027. …APPELLANT (BY SMT. RENUKA H.R., ADVOCATE) Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2373-DB WA No. 1432 of 2024 C/W CCC No. 793 of 2024 AND: 1. SYED NAVEED S/O SYED SATTAR AGED ABOUT 54 YEARS R/O. KURUVELI URDIGERI HOBLI TUMKUR TALUK TUMKUR DISTRICT-560 026. …RESPONDENT (BY SRI NAVEED AHMED, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 08.04.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.55896 OF 2015 AND ALLOW THE WRIT PETITION IN ITS ENTIRETY BY SETTING ASIDE THE AWARD DATED 20.04.2015 IN ID NO.136 OF 2014 PASSED BY THE PRINCIPAL LABOUR COURT, BANGALORE IN THE INTEREST OF JUSTICE AND EQUITY. IN CCC NO. 793 OF 2024 BETWEEN: 1. SRI SYED NAVEED S/O SYED SATTAR AGED ABOUT 53 YEARS R/AT KURUVELI URDIGERE HOBLI TUMKURU TALUK - 3 - NC: 2025:KHC:2373-DB WA No. 1432 of 2024 C/W CCC No. 793 of 2024 TUMKUR-572 140. ...COMPLAINANT (BY SRI NAVEED AHMED, ADVOCATE) AND: 1. S. CHANDRASHEKAR THE DIVISIONAL CONTROLLER BMTC NORTH DIVISION YESHWANTPUR BENGALURU-560 022. ...ACCUSED (BY SMT. RENUKA H.R., ADVOCATE) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT READ WITH ARTICLE 215 OF THE CONSTITUTION OF INDIA, PRAYING TO TAKE COGNIZANCE OF CONTEMPT COMMITTED BY THE ACCUSED WITH REFERENCE TO THE ORDERS PASSED IN WRIT PETITION NO.55896 OF 2015 DATED 08.04.2024 PRODUCED HEREIN AT ANNEXURE-A AND TO PROSECUTE AND PUNISH THE ACCUSED, IN THE ENDS OF JUSTICE, ETC. THIS WRIT APPEAL CONNECTED WITH CCC COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 4 - NC: 2025:KHC:2373-DB WA No. 1432 of 2024 C/W CCC No. 793 of 2024 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Ms. H.R.Renuka for the appellant- the Divisional Controller, Bengaluru Metropolitan Transport Corporation and learned advocate Mr. Naveed Ahmed for the respondent. 2. At the instance of original petitioner-the appellant herein, the challenge in this appeal under Section 4 of the Karnataka High Court Act, 1961 is addressed to the judgment and order dated 08.04.2024 passed in Writ Petition No.55896 of 2015, whereby learned Single Judge while dismissing the writ petition of the appellant herein confirmed the judgment and order of the Labour Court. 3. On the ground that the respondent-workman had remained unauthorisedly absent between the period from 26.01.2012 to 22.05.2012, a disciplinary proceeding was initiated against him which resulted into the order of penalty of dismissal passed by the employer-Corporation. The same was challenged before the Labour Court by the workman. The Labour Court allowed the - 5 - NC: 2025:KHC:2373-DB WA No. 1432 of 2024 C/W CCC No. 793 of 2024 reference of the workman in part, set aside the order of dismissal and directed reinstatement of the workman however without any backwages. 3.1. When the said order of the Labour Court came to be challenged in the writ petition, learned Single Judge considered the facts and the evidence and observed that the workman had submitted the leave application at Ex.M-2 and that he had also given a representation to the employer seeking voluntary retirement which was at Ex.W-3. It was recorded that the case of the workman was that he had sought leave for remaining absent in view that he had been suffering from a disease. 3.2. The medical board examined the workman and gave a report indicating that the workman had been suffering from chronic low back ache with non-specific bilateral leg pain and as such, he was unfit to perform his duty of a driver. Learned Single Judge took note of the said facts including the leave application of the petitioner and the report of the medical board indicating the ailment to come to the conclusion that it was due to medical emergency which prevented the workman from coming to duty. - 6 - NC: 2025:KHC:2373-DB WA No. 1432 of 2024 C/W CCC No. 793 of 2024 3.3. Learned Single Judge recorded the finding on the basis of the operative facts that "the material on record would indicate that the absence on the part of the workman cannot be termed as willful absenteeism for the corporation to issue an order of dismissal". 3.4. Learned Single Judge recorded the finding as under, "Looking into the facts and circumstances of the case, it could be held that the imposing of major penalty of dismissal on the workman was not justified and the Labour Court has rightly exercised its discretion in setting aside the order of dismissal which does not warrant interference by this Court and the point framed for consideration is answered accordingly." 4. The above finding of learned Single Judge and the consequential dismissal of the petition would hardly be said to be unreasonable. 5. The judgment and order is eminently just, proper and legal requiring no interference in the appellate jurisdiction. 6. About the case of the workman that he was unable to discharge the duty as a driver, learned Single Judge has proceeded to observe that it will be open for the workman to make - 7 - NC: 2025:KHC:2373-DB WA No. 1432 of 2024 C/W CCC No. 793 of 2024 a representation in this regard to the Corporation seeking assignment of light work on the basis of medical report. In these observations also, this Court is not inclined to interfere with. 7. The challenge to the judgment and order of learned Single Judge is merit less. The appeal is accordingly dismissed. In view of dismissal of the appeal, the contempt petition will not survive. However, it is observed that the compliance of the order of learned Single Judge shall be effected within four weeks from the date of service of certified copy of this order. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 18