- 1 - HC-KAR NC: 2025:KHC:43254 WP No. 9179 of 2021 C/W WP No. 4974 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 9179 OF 2021 (L-KSRTC) C/W WRIT PETITION NO. 4974 OF 2022 (L-KSRTC) IN WP No. 9179/2021 BETWEEN: THE DIVISIONAL CONTROLLER KSRTC, MANGALORE DIVISION, MANGALORE - 582 120. NOW REPRESENTED BY THE CHIEF LAW OFFICER KSRTC CENTRAL OFFICE SHANTHINAGAR SARIGE SADANA BANGALORE-560027. …PETITIONER (BY SMT. H.R.RENUKA, ADVOCATE) AND: SRI. KRISHNAPPA, S/O. RAMAPPA MADARA, AGED ABOUT 38 YEARS, EX. DRIVER CUM CONDUCTOR, BADGE NO.2975/1131, HAROHALI DEPOT, KSRTC, RAMANAGARA DIVISION, R/AT MADIKESHWARA VILLAGE AND POST, MUDDEBIHAL TALUK, BIJAPUR DISTRICT - 586 116. …RESPONDENT (BY SRI. SHEKAR L., ADVOCATE) Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43254 WP No. 9179 of 2021 C/W WP No. 4974 of 2022 IN WP NO. 4974/2022 BETWEEN: SRI. KRISHNAPPA, S/O. RAMAPPA MADARA, AGE 40 YEARS, R/AT MADIKESHWARA VILLAGE AND POST, MUDDEBIHAL TALUK, BIJAPURA DISTRICT-586116. …PETITIONER (BY SRI. SHEKAR L., ADVOCATE) AND: THE DIVISIONAL CONTROLLER, K.S.R.T.C, RAMANAGARA DIVISION, RAMNAGARA - 562 159. …RESPONDENT (BY SMT. H.R.RENUKA, ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THESE WRIT PETITIONS ARE LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, A COMMON ORDER IS MADE AS UNDER: ORAL ORDER In W.P.No.9179/2021 Smt.H.R.Renuka., counsel for the petitioner and Sri.L.Shekar., counsel for the respondent have appeared in person. - 3 - HC-KAR NC: 2025:KHC:43254 WP No. 9179 of 2021 C/W WP No. 4974 of 2022 In W.P.No.4974/2022 Sri.L.Shekar., counsel for the petitioner and Smt.H.R.Renuka., counsel for the respondent have appeared in person. 2. For convenience's sake, the parties are referred to as per their status and ranking before the Labor Court. 3. The short facts are these: Sri.Krishnappa - the first party workman was Driver cum Conductor in the establishment of the Corporation. On 21.04.2014, he was on duty in the bus that belonged to the Corporation bearing Registration No.KA-42-F-1770 that was plying on the route from Ramangar-Bangalore-Lingasagur. The bus came to be checked by the checking officials at Tumkuar at about 11:45 am., There was 46+04+09 passengers in the bus, the following irregularities were committed by the workman: i. Failed to issue tickets and failed to collect fare of Rs.286/- from an Adult passenger and Rs.149/- from a child passenger who were traveling from Bangalore to Bellary. - 4 - HC-KAR NC: 2025:KHC:43254 WP No. 9179 of 2021 C/W WP No. 4974 of 2022 ii. When the checking officials were trying to register this misconduct, he obstructed the process of checking by instigating the passengers and by abusing the officers of the Corporation and obstructed the process of checking. iii. On coming to this incident, the Assistant Traffic Manager and other officers came to the spot, in their presence, when the checking officials were registering the incident, he snatched the offence memo by tearing the same in the presence of superior officer exhibited indecent and indiscipline behavior. The Checking officials submitted a report in this regard to the disciplinary authority. The workman was kept under suspension pending disciplinary inquiry. He was issued with articles of charge alleging above stated three charges. The workman submitted his reply to the articles of charge denying the charges. He was subjected to domestic inquiry and the inquiry officer conducted a detailed inquiry and submitted his - 5 - HC-KAR NC: 2025:KHC:43254 WP No. 9179 of 2021 C/W WP No. 4974 of 2022 findings holding that the charges are partly proved. Charge No.1 relating to non-issue of tickets was held to be proved. The workman was issued with a show cause notice along with the findings of the inquiry officer and was also notified of his past misconduct. The disciplinary authority accepted the findings of the inquiry officer and taking note of the present and past misconducts, passed the order of punishment on 09.11.2015 and dismissed him from service. Aggrieved by the order of dismissal, the first party workman raised a dispute before the Prl. District and Sessions Judge, Ramanagara in I.D.No.42/2016. The Labor Court held that the domestic inquiry conducted by the Corporation was fair and proper. The Labor Court vide award dated 24.01.2020 set- aside the order of dismissal and directed reinstatement of the first party into service with continuity of service and backwages within one month from the date of publication of the award, as Driver-Cum-Conductor with all financial benefits. The Corporation has assailed the award of the Labor Court in W.P.No.9179/2021 and the workman has assailed the award of the Labor Court in so far as it relates to denial of consequential - 6 - HC-KAR NC: 2025:KHC:43254 WP No. 9179 of 2021 C/W WP No. 4974 of 2022 benefits in W.P.No.4974/2022 on several grounds as set-out in the Memorandum of Writ Petitions. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The short point that requires consideration is whether the award of the Labor Court requires interference. 5. The facts are sufficiently said and they do not require reiteration. Suffice it to note that the first party workman came under a disciplinary inquiry proceedings for an act of misconduct and was visited with an order of punishment i.e., dismissed from service. Perused the award of the Labor Court with utmost care. The Labor court has held that the domestic inquiry conducted by the Corporation was fair and proper, hence what was required to be considered was whether there was a victimization. As could be seen from the records, the Corporation has exhibited as many as twenty-three documents marked as Ex.M.1 to Ex.M.23. A perusal of the award reflects - 7 - HC-KAR NC: 2025:KHC:43254 WP No. 9179 of 2021 C/W WP No. 4974 of 2022 that there is a discussion only on Ex.M.1 to Ex.M.3 and there is no discussion with regard to other documents, such as EBTM Inspection report, Penalty receipt, Tickets issued to two passengers for Rs.286/- and Rs.149/- after checking, EBTM Inspection report after process of checking, way bill and the detail inspection report. As already noted above, the Labor Court held that the domestic inquiry conducted by the Corporation was fair and proper, the Labor Court was required to give a finding on victimization and perversity. The same has not been done. I may venture to say that the Labor Court has failed to have regard to relevant consideration and disregarded relevant matters. In my view, the matter requires a remand. The award of the Labor Court is liable to be set-aside. Accordingly, it is set-aside. 6. The Writ of Certiorari is ordered. The award dated 24.01.2020 passed by the Prl. District and Sessions Judge, Ramanagara in I.D.No.42/2016 is quashed. The matter is remanded to the Labor Court to hear the arguments and pass an order in accordance with the law. Needless to say no further evidence is required in the matter. - 8 - HC-KAR NC: 2025:KHC:43254 WP No. 9179 of 2021 C/W WP No. 4974 of 2022 7. Resultantly, the Writ Petitions are allowed and remanded. Counsel jointly submits that they would appear before the Labor Court to address arguments on 17.11.2025. Hence, an appropriate order may be passed. Submission is noted. Counsel representing the respective parties are directed to appear before the Prl. District and Sessions Judge, Ramanagara on 17.11.2025. The Labor Court is directed to dispose of the dispute as expeditiously as possible within the outer limit of four months from the receipt of certified copy of this order. Lastly, counsel Sri.L.Shekar., submits that the first party workman has been reinstated and is discharging his duties. Counsel, therefore, submits that an appropriate order may be passed. Submission is noted. Reinstatement of the first party is subject to the outcome of the award that would be passed by the Labour Court after remand. - 9 - HC-KAR NC: 2025:KHC:43254 WP No. 9179 of 2021 C/W WP No. 4974 of 2022 Registry concerned is directed to transmit the records to the Court of Prl. District and Sessions Judge, Ramanagara forthwith. SD/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 24