- 1 - NC: 2025:KHC-D:2196 WP No. 103943 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.103943 OF 2024 (L-ID) BETWEEN: SRI MOUSIN S/O. MOHAMMED JUMNAL, AGE. 34 YEARS, OCC. NIL, R/O. KALYAN NAGAR, SINDAGI DIST. BIJAPUR. …PETITIONER (BY SRI AHAMED ALI J RAHIMANSHA AND ASR NAMAZI, ADVOCATES) AND: THE MANAGEMENT, NWKRTC, HUBBALLI DIVISION, REPRESENTED BY ITS DIVISIONAL CONTROLLER, HUBBALLI DIVISION, HUBBALLI – 580 030. …RESPONDENT (BY SRI PRASHANT S. HOSAMANI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, CALL FOR RECORDS OF KID NO. 48/2016 FROM THE LABOUR COURT, HUBBALLI AT ANNEXURE - A. SET ASIDE THE ORDER OF LABOUR COURT HUBBALLI PASSED IN KID NO. 48/2016 DATED 23/12/2017, IN THE INTEREST OF EQUITY AND JUSTICE AT ANNEXURE A. CONSEQUENTLY SET ASIDE THE ORDER OF RESPONDENT MANAGEMENT NWKRTC DISMISSING THE PETITIONER FROM SERVICE DATED 29/07/2016, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: GIRIJA A BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2196 WP No. 103943 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) Call for Records of KID No. 48/2016 from the Labour Court, Hubballi at Annexure - A. ii) Set aside the Order of Labour Court Hubballi passed in KID No. 48/2016 dated 23/12/2017, in the interest of equity and justice at Annexure A. iii) Consequently set aside the Order of Respondent Management NWKRTC dismissing the Petitioner from service dated 29/07/2016, in the interest of justice. iv) Any other Order/Directions which this Hon’ble Court deems fit be granted, in the interest of justice. 2. It is contented that the petitioner was appointed as a trainee conductor-cum-driver in the year 2014 and on account of unauthorized absence, he was removed from service by the Corporation on 29.07.2016. The petitioner trainee, having raised a dispute in KAD No.48/2017, the Labour Court rejected the claim of the petitioner seeking to set aside order of termination passed by the respondent - 3 - NC: 2025:KHC-D:2196 WP No. 103943 of 2024 Corporation, on the ground that the workman was a trainee driver-cum-conductor and as such could be dismissed at any time. Challenging the same, the petitioner is before this Court. 3. The submission of Sri.A. S. R. Namazi, learned counsel for the petitioner, is that the Labour Court has dismissed the claim petition filed by the workman only on the ground that the workman is a trainee driver-cum-conductor. He relies upon the decision of the Coordinate Bench of this Court dated 24.04.2024 in 100878/2017 and connected matters (Basanagouda Vs. The Divisional Controller) to contend that there is no post of trainee driver-cum- conductor and as such, the reliance placed by the Labour Court on the decisions of the Division Bench of this Court in W.A.No.2596/2005 (North West Karnataka Road Transport Corporation, Gulbarga Vs. Mahabaleshwar S/o. Tippanna Gatted), W.A.No.100369/2014 (Santosh K. - 4 - NC: 2025:KHC-D:2196 WP No. 103943 of 2024 Menasinkai Vs. The Management of NEKRTC, Bellary), and W.A.No.100383/2014 (Management of NEKRTC, Hospete Division Vs. Raju S. Jaydi) is not proper. On this ground, he submits that the above petition is required to be allowed. 4. Sri. Prashant Hosamani, learned counsel for the respondent Corporation, submits that it is not only on the ground of the workman being appointed as a trainee driver-cum-conductor, but also on the ground of unauthorized absence, that the petitioner workman has been dismissed. The said trainee cannot be considered to be a workman, and until confirmation of appointment, such conductor- cum-driver could not raise a dispute under the Industrial Dispute Act. In this regard, he relies upon the judgment of the Division Bench of this Court dated 19.02.2024 in W.A.No.100654/2017 - 5 - NC: 2025:KHC-D:2196 WP No. 103943 of 2024 (The Management of NWKRTC Vs. Gangaramsingh). 5. Heard learned counsel for the petitioner and respondent and perused the papers. 6. In view of the Judgement dated 25.04.2024 in W.P.No.100878/2017 and connected matters (Basanagouda Vs. The Divisional Controller), this aspect having been considered in detail and the coordinate bench having come to a categorical conclusion that there could be no appointment of a trainee Driver-cum-Conductor and training during the course of employment would not make that person a trainee Driver-cum-Conductor, the same would be applicable to the present case also. 7. In that view of the matter, the Labour Court could not have dismissed the claim petition on the ground that the workman was a trainee driver-cum- conductor alone. - 6 - NC: 2025:KHC-D:2196 WP No. 103943 of 2024 8. In the present case, there are serious allegations made as regards the unauthorized absence of the workman, which aspect has not been considered by the Labour Court. 9. In that view of the matter, I pass the following: ORDER i. The petition is partly allowed. ii. Order dated 23/12/2017 passed in KID No.48/2016 by the Labour Court, Hubballi, is set aside. iii. The matter is remitted to the Labour Court, Hubballi, for fresh consideration in terms of the judgment dated 25.04.2024 in W.P.No.100878/2017 and connected matters. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-ASC List No.: 1 Sl No.: 0