- 1 - HC-KAR NC: 2025:KHC:50019-DB WA No. 828 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE UMESH M ADIGA WRIT APPEAL NO.828 OF 2025(L-KSRTC) BETWEEN: SRI. H.V RAJANNA, S/O VENKATAPPA, AGED ABOUT 57 YEARS, C/O THE GENERAL SECRETARY KSRTC AND BMTC SAMYUKTHA KARMIKARA SANGHA, NO.23, 4TH MAIN ROAD MATHIKERE EXTENSION BANGALORE-560 004. …APPELLANT (BY SRI. ROOPESHA B., ADVOCATE) Digitally signed by KORLAHALLI BHARATHIDEVIKRISHNACHARYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50019-DB WA No. 828 of 2025 AND: KARNATAKA STATE ROAD TRANSPORT CORPORATION BANGALORE CENTRAL DIVISION BANGALORE BY ITS DIVISIONAL CONTROLLER REP. BY ITS CHIEF LAW OFFICER. PIN CODE:560 027. …RESPONDENT (BY SMT. RENUKA H.R., ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE ORDER DATED 05.06.2023, PASSED BY THE HONBLE SINGLE JUDGE IN WP NO.2708/2013 AND GRANT SUCH OTHER ORDER. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE UMESH M ADIGA - 3 - HC-KAR NC: 2025:KHC:50019-DB WA No. 828 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present appeal has been filed with the delay of 669 days from the date of the impugned judgment and order dated 5th June 2023, passed by the learned Single Judge in Writ Petition No.2708/2013, instituted by the respondent/Karnataka State Road Transport Corporation (hereinafter referred to as `the Corporation). The writ petition was filed by the Corporation being aggrieved by the award dated 02.04.2012, passed by the Industrial Tribunal, Bengaluru in I.D.No.104/2010. 2. The Trade Union took up the cause of the appellant/workman, who was employed as a Conductor with the respondent/Corporation. The appellant/workman was inflicted with the punishment by the order dated 19.11.2004, whereby three annual increments were withheld with cumulative effect. This order of punishment dated 19.11.2004 has been challenged on behalf of the - 4 - HC-KAR NC: 2025:KHC:50019-DB WA No. 828 of 2025 appellant by the Trade Union by raising an industrial dispute, which was referred to by the State Government by the order dated 22.04.2010, under Section 10 (1)(d) of Industrial Disputes Act, 1947 (hereafter referred to as `the Act'). 3. The Industrial Tribunal after considering the facts and circumstances of the case, set aside the order of punishment on the ground that the order of punishment was shockingly disproportionate to the misconduct committed by the appellant/workman. 4. The said award came to be challenged by the respondent/Corporation in Writ Petition No.2708/2013. The learned Single Judge after examining the case and provisions of Section 11-A of the Act, has been of the view that the Industrial Tribunal is not empowered under Section 11A of the Act to interfere with the order of punishment, except where the order is in respect of - 5 - HC-KAR NC: 2025:KHC:50019-DB WA No. 828 of 2025 dismissal or discharge of a workman. It has been further said that the delay of more than six years in raising the industrial dispute was overlooked by the Tribunal, and the Tribunal is not empowered to substitute its own opinion regarding the quantum of punishment, except in the case of dismissal or discharge. 5. Having considered the impugned judgment and the provisions of Section 11A of the Act, we are of the opinion that the learned Single Judge's view is a correct view on the facts and law. It does not require any interference by this Court. Even otherwise, this appeal has been filed after a delay of more than two years. Hence, we do not propose to interfere with the impugned judgment. Accordingly, the Appeal stands dismissed. - 6 - HC-KAR NC: 2025:KHC:50019-DB WA No. 828 of 2025 Consequently, the pending IA.No.1/2025 filed under Section 5 of the Limitation Act, seeking for condonation of delay of 669 days in filing the appeal, stands disposed of. Sd/- (D K SINGH) JUDGE Sd/- (UMESH M ADIGA) JUDGE bk/ List No.: 1 Sl No.: 22