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2025 DAILYLAW 52318 (KAR)

THE CHIEF TRAFFIC MANAGER, NWKRTC v. SHRI SHRISHAILAPPA S/O KENCHAPPA SANKANNAVAR

WP/103982/2024 · 2025-08-19

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10434 WP No. 103982 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103982 OF 2024 (L-ID) BETWEEN: THE CHIEF TRAFFIC MANAGER, NWKRTC HUBBALLI DIVISION, HUBBALLI, CENTRAL OFFICE, HUBBALLI DIST DHARWAD REP BY CHIEF LAW OFFICER …PETITIONER (BY SRI. PRASHANT S HOSMANI,ADVOCATE) AND: SHRI SHRISHAILAPPA S/O KENCHAPPA SANKANNAVAR AGE 59 YEARS OCC NIL, R/O KADAMPUR, TQ MUNDARAGI, DIST GADAG 580026 …RESPONDENT (NOTICE TO RESPONDENT IS D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AND SET ASIDE THE IMPUGNED ORDER DATED 01/07/2022 PASSED BY THE LABOUR COURT HUBBALLI, IN KID NO.23/2020 PRODUCED AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10434 WP No. 103982 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ of certiorari or any other appropriate writ, order or direction and set aside the impugned order dated 01.07.2022 passed by the Labour Court Hubballi, in KID No.23/2020 produced at Annexure-A in the interest of justice and equity. ii. Pass such other and further orders as this Hon’ble Court deems just and necessary to pass in the facts and circumstances of this case. 2. Respondent-workmen was dismissed from service on account of unauthorised absence for seven (7) years, in pursuance of which he has raised an industrial dispute in KID No.23 of 2020. The Labour Court vide its award dated 01.07.2022 had dismissed the dispute. However, directed payment of consequential benefits by referring to the earned leave encashment benefit to the petitioner, if the earned leave is at his credit at the time of dismissal. 3. There is no particular direction which has been issued by the Labour Court as regards the grant of - 3 - HC-KAR NC: 2025:KHC-D:10434 WP No. 103982 of 2024 increments and/or the like as apprehended by the Petitioner. What has been specifically observed by the Labour Court is as regards the leave encashment for earned leave standing to the credit of the respondent-workmen. 4. In that view of the matter, I do not find any infirmity in the said order. If the earned leave was standing to the credit of the workmen at the time of his dismissal, the monetary value in respect thereof would be liable to be credited by the petitioner-Road Transport Corporation. The petitioner is directed to remit the said amounts within a period of 30 days from date of receipt of copy of this order. 5. With the above observation, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 46