- 1 - HC-KAR NC: 2025:KHC-D:12793 WP No. 22009 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 22009 OF 2013 (L-KSRTC) BETWEEN: DIVISIONAL CONTROLLER, NEKRTC, BELLARY DIVISION, BELLARY-583101. NOW REPRESENTED BY IT’S CHIEF LAW OFFICER. …PETITIONER (BY SRI. PRASHANT HOSAMANI, ADVOCATE) AND: PARASHURAMA S/O. H. GALEMMA, AT POST PINJARA HAGADALA, H.B. HALLI TALUK, BELLARY DIST-583 101. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT, WRIT IN THE NATURE OF CERTIORARI, QUASHING THE AWARD PASSED BY THE INDUSTRIAL TRIBUNAL, BANGALORE DATED 01.10.2012 IN SERIAL APPLICATION NO.56/2012 VIDE ANNEXURE-A; FURTHER BE PLEASED TO CALL FOR THE RECORDS ON THE FILE OF THE INDUSTRIAL TRIBUNAL, BANGALORE DATED 01.10.2012 IN SERIAL APPLICATION NO.56/2012 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE ORDER WAS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:12793 WP No. 22009 of 2013 CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present petition is filed by the Corporation calling in question the order dated 01.10.2012, whereunder, the Serial Application No.56/2012 was rejected by the Industrial Tribunal, Bangalore1. 2. The relevant facts are that the respondent- workman was dismissed on 19.01.2012 and a copy of the dismissal order along with cheque bearing No.393271 dated 19.01.2012 for ₹ 4,500/- was sent to the workman. Since, a dispute relating to wage revision between the Corporation and the Union of the Employees of the Corporation was pending in ID No.148/2005 before the Tribunal, the Corporation sent the application for approval by speed post. The Tribunal noticing that the application was received on 20.01.2012 rejected the application. 1 Hereinafter for short ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC-D:12793 WP No. 22009 of 2013 3. The primary contention put forth by the petitioner in the present petition is that, the application was dispatched by speed post on 19.01.2012 itself and a copy of the postal receipt has been produced as annexure-P to the writ petition. 4. Having regard to the aforementioned, the finding of the Tribunal that the application is liable to be rejected is erroneous. 5. Hence the following: ORDER (i) The petition is allowed. (ii) The order dated 01.10.2012 passed in Serial application No.56/2012 by the Industrial Tribunal, Bangalore is hereby set aside. (iii) The application filed by the petitioner under Section 33(2)(b) of the Industrial Disputes Act, 1947 seeking approval for passing of - 4 - HC-KAR NC: 2025:KHC-D:12793 WP No. 22009 of 2013 the removal order dated 19.01.2012, terminating the respondent-workman from service is allowed. Sd/- (C.M. POONACHA) JUDGE HMB List No.: 1 Sl No.: 27