- 1 - NC: 2025:KHC-D:2197 WP No. 103966 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.103966 OF 2024 (L-KSRTC) BETWEEN: THE DIVISIONAL CONTROLLER NWKRTC, BAGALKOTE DIVISION, NAVANAGAR, DIST: BAGALKOT. …PETITIONER (BY SRI. PRASHANT S. HOSMANI, ADVOCATE) AND: DADAPEER S/O. MURUTUJSAB KUSTAGI, AGE: 32 YEARS, OCC: EX-CONDUCTOR, R/O: WARD NO.5, OLD GOVERNMENT HOSPITAL, AT. POST. ILKAL, TQ: HUNAGUND, DIST: BAGALKOT – 587 102. …RESPONDENT (BY SRI A.S.R.NAMAZI, ADVOCATE) 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 23-09-2023 PASSED BY THE COURT OF PRL. DISTRICT AND SESSIONS JUDGE, BAGALKOTE IN ID NO. 2/2018 PRODUCED AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2197 WP No. 103966 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner Road Transport Corporation 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 23-09-2023 passed by the court of Prl. District and sessions judge, bagalkote in ID No. 2/2018 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. The brief facts of the case are; 2.1. The respondent workman was engaged as a trainee driver-cum-conductor who remained absent from duty from 10/01/2013 to 24/09/2013 without submitting any leave application. 2.2. A show-cause notice having been issued, the reply not being satisfactory, a second show- cause notice was issued. An enquiry being - 3 - NC: 2025:KHC-D:2197 WP No. 103966 of 2024 held against the respondent, the respondent was dismissed from service on 02/07/2016. 2.3. It is challenging the same that the respondent had approached the Labour Court seeking to set aside the order dated 02/07/2016. 2.4. In the claim petition filed, the respondent contended that he was suffering from severe Typhoid and Hepatitis on account of consumption of unhygienic food and water, and he had to look after his ailing father, who was settled in Ilkal. It was further contended that he was transferred from one depot to another without any justifiable reason and without prior intimation, and he was deliberately kept off the duty. The further contention was that, the Enquiry Officer has not conducted the enquiry in a proper manner, and as such, the enquiry report is also required to be set aside. - 4 - NC: 2025:KHC-D:2197 WP No. 103966 of 2024 2.5. The Tribunal, after considering the evidence, came to a conclusion that the enquiry was proper and correct. However, accepting the medical certificate produced at Ex.R9, issued by one Dr. V. N. Sholapur of Sanjeevani Nursing Home, Hungund, that the petitioner was under his treatment from 10/01/2013 to 18/08/2013, the Tribunal came to the conclusion that the absence of the petitioner was not unjustified, since he was unwell during the said period, and as such, came to a further conclusion that the absence being justified, the punishment of dismissal was not proper, and directed the petitioner to reinstate the services of the respondent to the original post with continuity of service and all other consequential benefits, without any back wages. - 5 - NC: 2025:KHC-D:2197 WP No. 103966 of 2024 2.6. It is challenging the said order that the petitioner Corporation is before this Court. 3. Shri Prashant Hosamani, learned counsel appearing for the petitioner Corporation, would submit that; 3.1. Even when the proceedings were pending before the Labour Court, the petitioner had been unauthorizedly absent. When the matter came up before this Court, in pursuance of the order dated 09/08/2024, the workman was directed to approach the petitioner Corporation and as such was reinstated. 3.2. The respondent workman thereafter indulged in pilferage, as regards which separate enquiry had been initiated. 3.3. On the basis of the above, Sri.Prashant Hosamani submits that the conduct of the workman does not inspire confidence in the Road Transport Corporation. The Tribunal has not taken into account the documents in - 6 - NC: 2025:KHC-D:2197 WP No. 103966 of 2024 proper perspective and has accepted the medical certificate without the doctor having been examined, which goes to the root of the matter. The medical certificate not having been established, the Tribunal ought not to have passed the order of reinstatement. 4. Per contra, Sri.A. S. R. Namazi, learned counsel for the respondent workman, would submit that the medical certificate has been issued properly by the concerned doctor and has been properly accepted by the Tribunal. No fault can be found with the Tribunal accepting the said certificate. The workman having explained his absence from 10/01/2013 to 24/09/2013, the unauthorized absence from work is only for a short period, and as such, the Tribunal has rightly held that the punishment imposed is not proportionate to the allegations made against the respondent and as such, he supports the order passed by the Tribunal. - 7 - NC: 2025:KHC-D:2197 WP No. 103966 of 2024 5. Heard Sri.Prashant S. Hosamani, learned counsel appearing for the petitioner Corporation and Sri.A.S.R. Namazi, learned counsel for the respondent. Perused the records. 6. The only document which has been placed on record by the workman is a medical certificate dated 18/08/2013, issued by Dr. V.N. Sholapur, who has stated that the petitioner was under his treatment from 10/01/2013 to 18/08/2013 for Chronic Malaria Fever and Severe Anemia and would be able to return to work on 19/08/2013. The said doctor admittedly has not been examined by the workman, and apart from this certificate being produced, there is nothing else which has been placed on record to establish the so-called diagnosis of the said doctor, inasmuch as the disease stated in the said certificate is Chronic Malaria Fever, which would require a diagnostic test to confirm that the person is suffering - 8 - NC: 2025:KHC-D:2197 WP No. 103966 of 2024 from malaria, so also the documents evidencing the treatment protocol have not been produced. 7. That apart, the reason given by the workman initially for his absence was that he was suffering from Typhoid and Hepatitis due to the consumption of unhygienic food and water. The reasons given by the workman initially for Typhoid and Hepatitis compared with the reason given in the medical certificate of chronic malaria and anemia are completely contradictory, leading to the conclusion that the workman has given false reasons for his absence. 8. If this is taken into consideration, the fact that the concerned doctor has also not been examined, I am of the considered opinion that the said certificate issued by Dr. V. N. Sholapur could not have been accepted by the Tribunal in justification of the absence of the workman. If the said medical certificate is eschewed, then the absence of the - 9 - NC: 2025:KHC-D:2197 WP No. 103966 of 2024 workman remains unexplained and without any justification. 9. In that view of the matter, I am of the considered opinion that the Tribunal failed to take into consideration the above aspects, and the order passed by the Tribunal directing reinstatement of the petitioner into service is completely unjustified. As such, I pass the following: ORDER i. The petition is allowed. ii. Certiorari is issued, the order dated 23/09/2023 passed by the Principal District and Sessions Judge, Bagalkote, in I.D.No.2/2018 at Annexure-A, is set aside. iii. The order dated 02/07/2016 dismissing the respondent workman from service is confirmed. Sd/- (SURAJ GOVINDARAJ) JUDGE gab/CT-ASC List No.: 1 Sl No.: 66