- 1 - HC-KAR NC: 2025:KHC:48479-DB WA No. 1131 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1131 OF 2024 (L-KSRTC) BETWEEN: SMT. Y.A SHYAMALA W/O K H RAMESH AGED 45 YEARS R/O KALANAYAKANAHALLI YELYUR POST, UTTARIDURGA HOBLI KUNGAL TALUK, TUMAKUR DISTRICT. &APPELLANT (BY SRI. SHEKAR L., ADVOCATE) AND: THE DIVISIONAL CONTROLLER K.S.R.T.C., TUMAKURU DIVISION, TUMAKURU HEREIN REPRESENTED BY THE CHEIF LAW OFFICER CENTRAL OFFICES K.H.ROAD, SHANTHINAGAR BENGALURU - 560 027 &RESPONDENT (BY SRI. RENUKA H.R., ADVOCATE) - 2 - HC-KAR NC: 2025:KHC:48479-DB WA No. 1131 of 2024 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 12.06.2023 PASSED BY THE HONBLE LEARNED SINGLE JUDGE IN WP No-2123/2021 TO THE EXTENT OF RESTRICTING THE CONSEQUENTIAL BENEFITS ONLY FOR TERMINAL BENEFITS FURTHER DIRECT THE RESPONDENT TO EXTEND THE BENEFIT OF CONTINUITY SERVICE AND CONSEQUENTIAL BENEFITS FROM DATE OF DISMISSAL TILL THE DATE OF REINSTATEMENT AS PER THE RELIEF GRATED BY THE LABOUR COURT IN THE AWARD AND ETC. 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 MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) This appeal has been filed against the order dated 12.06.2023 passed by the learned Single Judge in W.P.No.2123 of 2021 (L-KSRTC). 2. The parties herein are referred to as per their ranking in the writ petition. - 3 - HC-KAR NC: 2025:KHC:48479-DB WA No. 1131 of 2024 3. The respondent was employed as the Conductor in the Karnataka State Road Transport Corporation- the petitioner. The workman remained unauthorisedly absent from 20.04.2009 to 01.12.2009. The petitioner was issued with charge-memo and the disciplinary enquiry was conducted against her. The Enquiry Officer submitted his finding on the charges, which were found proved. The workman was issued with show-cause notice along with the findings of the Enquiry Officer. After considering the response, the disciplinary authority imposed major penalty of dismissal from the service on the workman. 4. The respondent-workman preferred Industrial Dispute No.1 of 2013. However, she withdrew on the ground that she had preferred Departmental Appeal against the order of dismissal imposed on her by the disciplinary authority. 5. Smt.H.R.Renuka, learned counsel appearing for the Petitioner/KSRTC submit that no appeal had been filed by the workman. She again instituted I.D.No.24 of 2018, - 4 - HC-KAR NC: 2025:KHC:48479-DB WA No. 1131 of 2024 i.e., after four years. The Labour Court without considering the relevant facts believed in the stand of the workman that the respondent-workman was enable to join the duty because of the injuries suffered by her. The said stand was based on some medical certificate. 6. The learned Single Judge, having considered the facts and circumstances of the case that no logical explanation had come into force from the workman to have remained absent for 165 days, has partly allowed the writ petition and set aside the award passed in her favour and has imposed minor punishment of withholding one increment with cumulative effect and reinstatement in the service with consequential benefits. 7. Learned counsel for the respondent-workman submits that the award passed by the Labour Court is a well considered one. It is based on the evidence lead by the parties and it should not been interfered with by the learned Single Judge. - 5 - HC-KAR NC: 2025:KHC:48479-DB WA No. 1131 of 2024 8. We have perused the award. 9. There is no discussion regarding the injuries suffered by the workman. Even the date of the alleged accident is not mentioned. The Labour Court had not recorded any finding that how the workman was prevented from joining the duty for a period of 165 days. We are of the view that the learned Single Judge has been quite considerate in imposing very light punishment on the workman, which does not require any interference by this Court, looking at the misconduct committed by the workman. We therefore dismiss this appeal as we do not find any ground to interfere with the order passed by the learned Single Judge. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE DH List No.: 1 Sl No.: 24 CT-SG Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA