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2025 DAILYLAW 36855 (KAR)

THE DIVISIONAL CONTROLLER AND DISCIPLINARY AUTHORITY v. RAMU

WA/1871/2024 · 2025-06-24

C M Joshi

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22213-DB WA No. 1871 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 PRESENT THE HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE AND THE HON'BLE MR JUSTICE C M JOSHI WRIT APPEAL NO. 1871 OF 2024 (L-KSRTC) BETWEEN: THE DIVISIONAL CONTROLLER AND DISCIPLINARY AUTHORITY, KSRTC, TUMKUR DIVISION, TUMKUR, NOW REP. BY ITS CHIEF LAW OFFICER, KSRTC, K.H. ROAD, BANGALORE-560 027. …APPELLANT (BY MRS. RENUKA H R, ADVOCATE) AND: 1. RAMU, SINCE DECEASED BY HIS LRS. R. KOMALA, W/O. LATE RAMU, AGED ABOUT 56 YEARS. 2. R. CHAITRA, D/O. LATE RAMU, AGED ABOUT 31 YEARS. 3. R. BHAVANI, D/O. LATE RAMU, AGED ABOUT 26 YEARS. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22213-DB WA No. 1871 of 2024 ALL R/O. THIMMAKKAJJI COMPOUND, NEAR RAVI DEPOT, 7TH CROSS, BANASHANKARI, TUMKUR-572 102. …RESPONDENTS (BY SRI M C BASAVARAJU, ADVOCATE FOR R-1 TO 3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 2.4.2024 IN WP No. 11896/2019 IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE and HON'BLE MR JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR V KAMESWAR RAO, ACTING CHIEF JUSTICE) The challenge in this intra-court appeal is to an order dated 02.04.2024 passed by the learned Single Judge in WP.No.11896/2019, whereby the learned Single Judge has allowed the writ petition in-part and set aside the order of the Labour Court not granting the back wages to the respondents herein and had directed the appellant- Corporation to pay 40% of the back wages from the date of the dismissal till reinstatement on 01.06.2019. - 3 - HC-KAR NC: 2025:KHC:22213-DB WA No. 1871 of 2024 2. Having heard the learned counsel for the parties and perused the order of the learned Single Judge, we do not see any infirmity insofar as grant of 40% of back wages as we have been informed that the back wages are only for a period of two years. 3. The only submission made by the learned counsel for the appellant is that finding recorded by the learned Single Judge that entering into the bigamous marriage cannot be in violation of the Conduct Rules is a untenable conclusion as such an observation made by the learned Single Judge need to be set aside as it will have a bearing on other cases and also shall be contrary to the Conduct Rules. 4. We agree with the submission made by the learned counsel for the appellant, the question of law relating to the observation made by he learned Single Judge in paragraph No.16 at page No.15 of the paper book - 4 - HC-KAR NC: 2025:KHC:22213-DB WA No. 1871 of 2024 which we have referred above is kept open and shall not have any precedential value. 5. With the above observation, the appeal is disposed of. Since we have upheld the grant of 40% of back wages in favour of the respondents herein who are the legal heirs of deceased workmen, the amount shall be released to the respondents within a period of 12 weeks from today. In view of disposal of the appeal, IA.No.2/2024 also stands disposed of. Sd/- (V KAMESWAR RAO) ACTING CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/- List No.: 1 Sl No.: 72