- 1 - NC: 2025:KHC-D:2462 WP No. 109219 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 109219 OF 2016 (L-KSRTC) BETWEEN: 1. THE DIVISIONAL CONTROLLER NEKRTC, KOPPAL DIVISION, KOPPAL. 2. THE DIVISIONAL CONTROLLER NEKRTC, BALLARI DIVISION, BALLARI, THE PETITIONERS ARE REPRESENTED BY ITS CHIEF LAW OFFICER NEKRTC CENTRAL OFFICE, GULBARGA. …PETITIONERS (BY SRI. SHIVAKUMAR S BADAWADAGI, ADVOCATE) AND: VEERAPPA S/O BASAPPA AMARGOL. AGED ABOUT 52 YEARS, OCC: CONDUCTOR, R/O DOOR NO: 50, 11TH WARD, BASAVESHWARANAGAR, YALABURGA, DIST: KOPPAL. …RESPONDENT (BY SRI. VINAYKUMAR BHAT AND SRI. RAVI HEGDE., ADVOCATES) GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2462 WP No. 109219 of 2016 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE AWARD DATED:26.02.2015, PASSED BY DISTRICT JUDGE AND PRESIDING OFFICER THE INDUSTRIAL TRIBUNAL, HUBBALLI IN ID.NO.340/2013 THE COPY OF THE SAME IS PRODUCED AND MARKED AS ANNEXURE-C TO THE WRIT PETITION AND CONSEQUENTLY BE PLEASED TO DISMISS THE ID.NO.340/2013 FILED BY THE RESPONDENT PENDING ON THE FILE OF INDUSTRIAL TRIBUNAL HUBBALLI AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ in the nature of Certiorari thereby quashing the award dated 26.02.2015 passed by the District Judge and Presiding Officer Industrial Tribunal Hubballi in ID No. 340/2013 the copy of the same is produced and marked as Annexure-C to the writ petition and consequently be pleased to dismiss the ID No.340/2013 filed by the respondent pending on the file of Industrial Tribunal Hubballi in the interest of justice and equity. b. Issue such other relief and further relief as are deemed fit by this Hon’ble Court to grant in the facts and circumstances of this case in the interest of justice and equity. - 3 - NC: 2025:KHC-D:2462 WP No. 109219 of 2016 2. The Road Transport Corporation is before this Court challenging the award dated 26.9.2015 passed by the Industrial Tribunal, Hubballi in I.D.No.340/2013 by virtue of which the order of the Disciplinary Authority imposing a punishment of reducing the basic pay of the workmen by one incremental stage has been set aside. 3. The submission of Sri.Shivakumar S.Badawadagi, learned counsel for the petitioners is that the said order of Disciplinary Authority having been passed on 31.1.2001, a reference could not have been entertained in terms of Reference Order dated 7.10.2013 after a period of 12 years. 4. On enquiry it is stated that the Respondent-workman has superannuated in the year 2013. In that view of the matter, I am of the considered opinion that this would not be a proper case to consider these issues when the workman has already superannuated, and - 4 - NC: 2025:KHC-D:2462 WP No. 109219 of 2016 the punishment imposed was only withholding of one increment. As such, the Writ Petition stands dismissed. 5. Needless to say that the orders passed by the Industrial Tribunal would have to be complied, if not already complied, within a period of 30 days from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 50