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2026 DAILYLAW 10679 (KAR)

SRI.JAYARAMU v. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION

WA/2132/2025 · 2026-03-25

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16993-DB WA No. 2132 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 2132 OF 2025 (L-KSRTC) BETWEEN: SRI. JAYARAMU, S/O LATE LINGAIAH, AGE ABOUT 60 YEARS, WORKING AS DRIVER, KARNATAKA STATE ROAD TRANSPORT CORPORATION, (NOW ILLEGALLY DISMISSED FROM SERVICE) R/AT MANDYA CITY, LABOUR COLONY, NO. 914, 4TH CROSS, MANDYA - 571 404. …APPELLANT (BY SRI. SOMA SUNDER RAO R., ADVOCATE) AND: THE KARNATAKA STATE ROAD TRANSPORT CORPORATION, CHAMARAJANAGAR DIVISION, CHAMARAJANAGAR, BY ITS DIVISIONAL CONTROLLER, REP BY ITS CHIEF LAW OFFICER, K.H. ROAD, SHANTHINAGAR, BENGALURU - 560 027. …RESPONDENT Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16993-DB WA No. 2132 of 2025 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED:13.07.2021 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP NO.56689/2017 AND CONSEQUENTLY DISMISS THE WRIT PETITION FILED BY THE RESPONDENT BY CONFIRMING THE AWARD DATED:16.12.2016 PASSED BY THE LABOUR COURT, MYSURU IN I.I.D. NO.12/2011 AND GRANT SUCH OTHER AND FURTHER RELIEFS. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 13.07.2021 passed by the writ Court in Writ Petition No.56689/2017. The appeal has been filed with inordinate delay of 1358 days in filing the appeal. - 3 - HC-KAR NC: 2026:KHC:16993-DB WA No. 2132 of 2025 2. The reasons explained seeking condonation of delay of 1358 days has been assigned in paragraph No.4 of the affidavit filed in support of the application seeking condonation of delay. The paragraph No.4 of the affidavit is extracted as under: "4. I respectfully submit that during the pendency of the Writ Proceedings, I was seriously ill and undergoing treatment and as such, I could not keep the track of the writ petition. I further submit that on 02.08.2021 I suffered a stroke and admitted as an inpatient to Mandya Institute of Medical Sciences and Teaching Hospital, Mandya and discharged from the hospital on 04.08.2021 and during the said period, I undergone treatment. Again on 21.07.2022, I suffered another stroke and thereafter I was admitted as an inpatient to Mandya Institute of Medical Sciences and Teaching Hospital, Mandya on 30.07.2023 and discharged from the hospital on 01.08.2023. Even as on this day, I am taking treatment for my illness. On account of my prolonged illness, I was unable to take necessary steps to assail the impugned order passed by the learned single Judge. Subsequently, after recouping from my ill-health to some extent, on coming to know about the order passed by the learned single Judge, I applied for the certified copy of the order on 27.11.2025 and obtained the same on 02.12.2025. I further submit that since I was dismissed from service on 30.11.2025, I did not have any source of income and after pooling some funds, I have contacted my Advocate regarding the case during the 4th week of during the 1st week of December 2025 and decided to file the Writ Appeal before this Hon'ble Court. In view of the aforesaid facts and circumstances, there is some delay in filing the - 4 - HC-KAR NC: 2026:KHC:16993-DB WA No. 2132 of 2025 present Appeal. I undertake to produce necessary medical documents, if necessary, before this Hon'ble Court at the time of consideration of the application for condonation of delay in filing the instant writ appeal." 3. From the perusal of paragraph No.4, on which the learned counsel for the petitioner has placed heavy reliance seeking condonation of the delay would suggest that the petitioner was admitted in hospital on 02.08.2021 and was discharged after 2 days i.e., on 04.08.2021. Again he was admitted on 30.07.2023 and discharged after 2 days i.e., on 01.08.2023. 4. The brief admissions in the hospital over a period of more than 2 years, in a total period of 7 days in 3 durations in no manner can justify the extraordinary delay in filing the appeal by 1358 days. 5. We find no reason to condone the delay in filing the present appeal, and therefore, we reject the application seeking condonation of delay. Thus, the appeal stands dismissed. - 5 - HC-KAR NC: 2026:KHC:16993-DB WA No. 2132 of 2025 All other pending applications if any also stands disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RR List No.: 1 Sl No.: 6 ct-vn