- 1 - HC-KAR NC: 2025:KHC:46093 WP No. 22797 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 22797 OF 2021 (L-KSRTC) BETWEEN: KARNATAKA STATE ROAD TRANSPORT CORPORATION, TUMKUR DIVISION, TUMKUR, BY ITS DIVISIONAL CONTROLLER AND DISCIPLINARY AUTHORITY, REP. BY CHIEF LAW OFFICER. …PETITIONER (BY SMT. H.R.RENUKA, ADVOCATE) AND: M.S.VIJAYAKUMAR S/O. SHANKAREGOWDA, AGED ABOUT 33 YEARS, R/O. MAKANAHALLI, VIGNASANTHE POST, NONABINAKERE HOBLI, TIPTUR TALUK, TUMKUR DISTRICT-572224. …RESPONDENT (BY SRI. M.C. BASAVARAJU., ADVOCATE FOR C/R) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:46093 WP No. 22797 of 2021 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.H.R.Renuka., counsel for the petitioner and Sri.M.C.Basavaraju., counsel for the respondent have appeared in person. 2. The short facts are these: The respondent was selected for the post of Driver cum conductor and was placed on training. He remained absent from duty from 05.03.2014 without prior intimation or permission or sanction of leave. The Depot Manager submitted a report in this regard. The respondent was issued with call letter calling upon him to report to duty. He was issued with show cause notice alleging absence from duty. He did not submit his reply. The inquiry officer conducted a detailed inquiry and submitted his findings holding that the charges are proved. The respondent was issued with second show cause notice along with the findings of the inquiry officer, but he did not submit his reply. The disciplinary authority taking note of the findings of the inquiry officer and also the past conduct, - 3 - HC-KAR NC: 2025:KHC:46093 WP No. 22797 of 2021 passed an order of punishment on 20.02.2015 and removed his name from the list of Trainee Driver Cum Conductor. Aggrieved by the order of punishment, the respondent raised a dispute before the Prl. District and Sessions Judge, Tumakuru in I.D.No.22/2018. The Labor Court held that the domestic inquiry conducted by the Corporation was not fair and proper. The parties led evidence on the merits of the case. The Labor Court vide award dated 26.12.2019 set-aside the order of punishment and directed reinstatement of the respondent without continuity of service and consequential benefits and without backwages. The Corporation has assailed the award of the Labor Court in this Writ Petition on several grounds as set- out in the Memorandum of Writ Petition. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. Counsel Smt.H.R.Renuka., submits that a memo has been filed furnishing the true copies of certain documents and the same may be placed on record. - 4 - HC-KAR NC: 2025:KHC:46093 WP No. 22797 of 2021 Submission is noted. Memo along with true copies of the documents is placed on record and perused the same with care. 4. The point that requires consideration is whether the award of the Labor Court requires interference. 5. The facts are sufficiently said and do not require reiteration. Suffice it to note that the respondent came under a disciplinary inquiry proceedings and was visited with an order of punishment i.e., removed his name from the list of Trainee Driver Cum Conductor. The issue revolves around unauthorized absence. The charge made against the respondent was that he remained absent unauthorizedly from duty from 05.03.2014 onwards. It is the specific contention of the Corporation that, no leave application was submitted, even if it is submitted that should be accompanied by Medical Certificate if the leave is sought on the health grounds. An employee is under an obligation not to absent himself from work without good cause during the time at which he is required to be at work. Absence without leave is a misconduct - 5 - HC-KAR NC: 2025:KHC:46093 WP No. 22797 of 2021 in industrial employment warranting disciplinary punishment. No employee can claim leave of absence as a matter of right and remaining absent without leave will constitute violation of discipline. The absence without leave constitutes a misconduct justified disciplinary action against the delinquent workman. The quantum of punishment in cases of misconduct of absence from duty without leave would depend upon the facts of each case. The respondent contended that he was suffering from viral hepatitis (Jaundice) and he took treatment in the Government Hospital, Nelamangala, Bengaluru and from traditional medicines and therefore, he could not report for duty. The workman furnished certain medical documents for the first time before the Labor court and the same were marked as Ex.P.1 to P3. The Labor Court placed reliance on those Medical Certificates and pardoned the misconduct. This is untenable. The reason is apparent. The delinquent remained absent from duty from 05.03.2014. However, he furnished medical certificates (Ex.P.1 to Ex.P.3) dated 06.05.2014, 14.07.2014 and 20.02.2015. The certificates have no relevance - 6 - HC-KAR NC: 2025:KHC:46093 WP No. 22797 of 2021 to petitioner's absent from 05.03.2014. Moreover, the medical certificates are not accompanied by clinical reports. It is not in dispute that the respondent was notified of the inquiry proceedings by issuing notices, despite service of notices, he did not appear. Nothing prevented the delinquent to appear before the inquiry officer and furnish necessary / medical documents. The Labour Court has overlooked this aspect of the matter. Needless to observe that taking note of the past conduct is a mandate requirement as per Regulation 25 of the KSRTC (Conduct & Discipline) Regulations, 1971. In the present case, the delinquent was involved in five unauthorized absenteeism case in the past. The disciplinary authority took note of the material on record and rightly passed the order of punishment. I may venture to say that the Labour Court has failed to have regard to relevant considerations and disregarded relevant matters. The Labour Court could not have viewed the unauthorized absenteeism lightly. 6. Lastly, counsel Smt.H.R.Renuka., submits that by virtue of an interim order dated 21.12.2021, the respondent - 7 - HC-KAR NC: 2025:KHC:46093 WP No. 22797 of 2021 was reinstated to duty. However, even after reinstatement, he remained unauthorizedly absent to duty and he has been dismissed from service on 20.01.2025. Counsel submits that she has filed a memo furnishing the order of dismissal dated 20.01.2025 and the same may be placed on record and an appropriate order may be passed. Submission is noted. Memo furnishing the order of dismissal dated 20.01.2025 is placed on record. A perusal of the same reflects that the respondent is dismissed from service on 20.01.2025. The past and present conduct of the respondent would reveal that he is not interested in discharging his duties diligently. Such an employee does not require any sympathy much less a misplaced sympathy. For the reasons stated above, the award of the Labour Court is liable to be set- aside. Accordingly, it is set-aside. 7. The Writ of Certiorari is ordered. The award dated 26.12.2019 passed by the Prl. District and Sessions Judge, Tumakuru in I.D.No.22/2018 vide Annexure-E is quashed. The order of punishment dated 20.02.2015 is confirmed. 8. Resultantly, the Writ Petition is allowed. - 8 - HC-KAR NC: 2025:KHC:46093 WP No. 22797 of 2021 Because disposal of the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. SD/- (JYOTI M) JUDGE TKN List No.: 2 Sl No.: 13