- 1 - HC-KAR NC: 2025:KHC:44419-DB WA No. 750 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO.750 OF 2024 (L-RES) BETWEEN: MANAGEMENT OF BEML LIMITED (FORMERLY BHARAT EARTH MOVERS LTD.,) A CENTRAL GOVERNMENT PUBLIC SECTOR UNDERTAKING BENGALURU COMPLEX NEW THIPPASANDRA POST BENGALURU-560 075 REPRESENTED BY ITS GENERAL MANAGER (HR) MR. SUJITH KUMAR BHUNIYA …APPELLANT (BY SRI NARASIMHA SWAMY N. S., ADVOCATE) AND: MR. G. JAYAPRAKASH S/O. LATE GOVINDAPPA AGED ABOUT 66 YEARS RESIDING AT NO.38 KODIHALLI HAL, 2ND STAGE BENGALURU - 560 008 …RESPONDENT (BY SRI K. B. NARAYANA SWAMY, ADVOCATE FOR C/R-1) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS WRIT APPEAL BY SETTING ASIDE THE ORDER DATED 12/07/2023 PASSED IN WP NO.58158/2015. Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44419-DB WA No. 750 of 2024 THIS WRIT APPEAL IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ appeal has been filed impugning the judgment and order dated 12.07.2023 passed in W.P.No.58158/2015 by the learned Single Judge. 2. The facts of the case briefly stated are that the respondent-workman, while working as a Mechanic, Wage Group - B during the year 2006-07, was issued with two charge sheets for different alleged misconducts committed by him. The first charge sheet dated 17.11.2006 was with regard to "sleeping while on duty" and for "possession of mobile phone in the factory premises" and the second charge sheet dated 09.01.2007 was issued for "habitual late coming/early going during the years 2004, 2005 and 2006". 3. In the domestic enquiry, the Enquiry Officer found the charges proved and the Disciplinary Authority, after - 3 - HC-KAR NC: 2025:KHC:44419-DB WA No. 750 of 2024 evaluating the material placed before it, accepted the enquiry report and imposed the punishment of removal from service, which would not disqualify the workman from future employment. This order of punishment of removal from service dated 02.08.2007 was challenged by the workman in Industrial Dispute No.5/2008. 4. The Labour Court, after considering the evidence lead by the parties, was of the view that the punishment inflicted on the respondent-workman was disproportionate to the alleged misconduct committed by him. It was also held by the Labour Court that in similar cases, minor punishment was imposed on the workmen and the respondent-workman was subjected to victimization by imposing harsh and severe punishment of removal from service. Therefore, the Labour Court reduced the punishment of removal from service to reduction of salary by one stage in the existing pay scale in exercise of its power under Section 11A of the Industrial Disputes Act, 1947 (for short 'the ID Act'). 5. The learned Single Judge after considering the award passed by the Labour Court and after examining the - 4 - HC-KAR NC: 2025:KHC:44419-DB WA No. 750 of 2024 record found that punishment imposed by the Management was disproportionate to the misconduct and that the lesser punishment as imposed by the Labour Court did not warrant any interference. Thus, the learned Single Judge has dismissed the writ petition filed by the appellant. 6. We have considered the award of the Labour Court and the judgment and order passed by the learned Single Judge. 7. We may note that the respondent-workman had retired in the year 2018 (after attaining the age of superannuation). The respondent/workman was out of employment from the date of removal from service in pursuance of the order of punishment inflicted on 02.08.2007 till the date of his superannuation. In the circumstances, instead of granting full backwages, we reduce the payment of backwages upto 50% uptill the award of the Labour Court and payment of full backwages from the date of the award till the date of his superannuation. The wages paid under section 17B of the ID Act are to be deducted. - 5 - HC-KAR NC: 2025:KHC:44419-DB WA No. 750 of 2024 8. The Management is directed to pay 50% of the backwages to the respondent-workman from the date of removal from service i.e., from 02.08.2007 till the date of the award of the Labour Court, and full wages as from the date of the award till retirement within four weeks from the date of this order after deducting the wages paid under section 17B of the ID Act. 7. In case of default in making the payment, the said amount shall carry interest at 10% per annum. Accordingly, the writ appeal stands disposed off. Sd/- (D K SINGH) JUDGE Sd/- (TARA VITASTA GANJU) JUDGE RKA List No.: 1 Sl No.: 5