- 1 - HC-KAR NC: 2025:KHC:53922-DB WA No. 1446 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 1446 OF 2024 (L-KSRTC) BETWEEN: 1. M.V.R SWAMY SINCE DIED BY HIS LRS GOWRAMMA P W/O LATE M V R SWAMY, AGED ABOUT 65 YEARS, 2. MAMATHA V D/O LATE M V R SWAMY, AGED ABOUT 47 YEARS, 3. RAGHAVENDRA V S/O LATE M V R SWAMY, AGED ABOUT 45 YEARS, 4. HEMANTH GOWDA V S/O LATE M V R SWAMY, AGED ABOUT 40 YEARS, - 2 - HC-KAR NC: 2025:KHC:53922-DB WA No. 1446 of 2024 ALL ARE RESIDING AT KARGAL STREET, BIRUR, KADUR TALUK, CHIKKAMAGALURU DISTRICT-577116 …APPELLANTS (BY SRI. M C BASAVARAJU., ADVOCATE) AND: 1. KARNATAKA STATE ROAD TRANSPORT CORPORATION TUMKUR DIVISION, TUMKUR-572101 BY ITS DIVISIONAL CONTROLLER, REPRESENTED BY ITS CHIEF LAW OFFICER. …RESPONDENT THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE PASSED IN WP No-6710/2015 DATED 27.06.2024 AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU - 3 - HC-KAR NC: 2025:KHC:53922-DB WA No. 1446 of 2024 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) This writ appeal has been filed impugning the judgment and order dated 27.06.2024 passed by the learned Single Judge in W.P.No.6710/2015 preferred by the respondent- Karnataka State Road Transport Corporation (hereinafter referred to as 'Corporation' for brevity). 2. The parties are referred to as per their ranking in the petition for the sake of convenience. 3. The brief facts of the case are that: The respondent-workman was appointed as a Conductor in the Corporation. He remained unauthorizedly absent from duty from 01.06.2010 till he was dismissed from service on 01.11.2011. This was not the solitary case of indiscipline and unauthorized absence of the respondent-workman, but he had the history of 14 such cases of unauthorized absence prior to the present incident. 4. The respondent-workman challenged the order of dismissal by raising Industrial Dispute. The Labour Court, Bengaluru in Reference No.9/2023 vide award dated - 4 - HC-KAR NC: 2025:KHC:53922-DB WA No. 1446 of 2024 25.08.2014 set aside the order of punishment and directed reinstatement with consequential benefits, without back wages, with denial of two increments with cumulative effect. 5. Learned Single Judge, after considering the facts, evidence led by the parties before the Labour Court and the submissions advanced before the learned Single Judge, has allowed the writ petition and set aside the award passed by the Labour Court. 6. The public employment is to be taken seriously by the employee. The respondent-workman remained absent unauthorizedly for more than one year and five months. In past also on 14 occasions, he remained absent unauthorizedly from the duty. It is evident that the workman was not interested in the job. The Disciplinary Authority, therefore considering the evidence and past conduct and long unauthorized absence of the respondent-workman, concluded that he had abandoned the service and therefore, dismissed him from service. 7. We may also take note of the fact that the Labour Court itself has recorded that the misconduct of the workman - 5 - HC-KAR NC: 2025:KHC:53922-DB WA No. 1446 of 2024 was proved in the domestic enquiry about the misconduct of long unauthorized absence of more than one year five months, and therefore, there was no occasion for the Labour Court to order for reinstatement and consequential benefits. 8. In view thereof, we do not find that there is any error has crept in or requires interference by this Court. The writ appeal is, thus, dismissed. (D K SINGH) JUDGE (TARA VITASTA GANJU) JUDGE VM List No.: 1 Sl No.: 15 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA Digitally signed by DINESH KUMAR SINGH Location: HIGH COURT OF KARNTAKA