- 1 - HC-KAR NC: 2026:KHC:7639-DB WA No. 426 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 426 OF 2025 (L-RES) BETWEEN: 1. RAMESH N S/O SRI. NARAYANADAS, AGED ABOUT 42 YEARS, R/O SATANUR VILLAGE AND POST, KASAB TALUK MANDYA TALUK AND DISTRICT PIN CODE - 571 401. …APPELLANT (BY SRI. SHEKAR L, ADVOCATE) AND: 1. THE DIVISIONAL CONTROLLER B.M.T.C, NORTH EASTERN ZONE, CENTRAL OFFICE, SHANTHINAGAR, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7639-DB WA No. 426 of 2025 BENGALURU - 560 027. …RESPONDENT (BY SRI. B S SHRINIVAS, ADVOCATE FOR SRI. B L SANJEEV, ADVOCATE) *** THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER DATED 26/11/2024 PASSED BY THE HON’BLE LEARNED SINGLE JUDGE IN WP NO.16000/2024 AND CONSEQUENTLY DIRECTED THE RESPONDENT TO REINSTATE THE APPELLANT BY DISMISSING THE WRIT PETITION FILED BY THE MANAGEMENT AND ETC., 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 S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:7639-DB WA No. 426 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present intra-Court appeal has been filed impugning the order dated 26.11.2024 passed by the learned Single Judge in W.P No.16000/2024. 2. The parties are referred to as per their ranking before the writ Court for the sake of convenience. 3. The respondent was employed as Driver cum Conductor in the Karnataka State Road Transport Corporation (for short ‘Corporation’). He absented himself unauthorisedly on 15.09.2017 and remained absent till 27.02.2019. The major penalty of dismissal from service was inflicted upon the petitioner on conclusion of the domestic enquiry. The respondent was issued articles of charges and he submitted his reply. The inquiry officer was appointed who conducted a detailed inquiry and submitted his findings holding that the charges were proved against the respondent. The Disciplinary Authority issued show cause notice along with the findings recorded by the inquiry officer. Thereafter, the Disciplinary Authority - 4 - HC-KAR NC: 2026:KHC:7639-DB WA No. 426 of 2025 inflicted major punishment of dismissal from service vide order dated 27.02.2019. 4. The respondent workman raised the industrial dispute before the Principal Labour Court, Bengaluru in I.D No.005/2021. The Labour Court vide order dated 03.11.2022 held that the domestic enquiry held against the workman by the Corporation was not fair and proper and vide order dated 27.02.2024 set aside the order of dismissal and directed reinstatement of the respondent workman with continuity of service and all other consequential benefits. The order of dismissal was modified to withholding one annual increment with cumulative effect. However, workman held to be not entitled for backwages. 5. The learned Single Judge observed that the respondent workman did not appear before the inquiry officer despite service of notice and therefore, he was placed exparte. The absence without leave constitutes a misconduct in industrial employment warranting the disciplinary punishment. The respondent workman remained absent - 5 - HC-KAR NC: 2026:KHC:7639-DB WA No. 426 of 2025 from service from 15.09.2017 till passing of the dismissal order dated 27.02.2019 i.e., for more than one year five months. No relevant documents justifying such a long absence from service unauthorisedly were produced before the inquiry officer or the Labour Court. Therefore, the Labour Court was not justified interfering with the order of punishment by the Management, which was commensurate with the gravity of misconduct on the part of the respondent workman. 6. The learned Single Judge has also observed that discretionary power under Section 11A of Industrial Dispute Act 1947 vested in the Industrial Tribunal / Labour Court should be exercised with circumspection like misconduct or the punishment was result of victimization or if Labour Court finds the same to be perverse. No such findings has been recorded in the order passed by the Labour Court. Therefore, the learned Single Judge set aside the order dated 27.02.2024 passed by the Labour Court and confirmed the dismissal order dated 27.02.2019. - 6 - HC-KAR NC: 2026:KHC:7639-DB WA No. 426 of 2025 7. The learned counsel for the workman/appellant has submitted that despite the service of notice, nobody was present before the learned Single Judge on behalf of the respondent/workman. 8. Be that as it may, we have examined the merit of the case in the appeal. As stated above, the respondent / workman was proceeded with the domestic enquiry in respect of the misconduct of unauthorized absence from duty for one year and five months. Except for this singular misconduct, there is nothing on record to suggest that the workman had committed any other misconduct in the past. The respondent workman had rendered almost 17 to 18 years of service in the Corporation and looking at his long service in the Corporation, punishment of dismissal from service for misconduct of unauthorized absence appears to be very harsh. Therefore, exercising the discretion under Section 11A of the Industrial Dispute Act, we modify the punishment of dismissal from service to compulsory retirement. - 7 - HC-KAR NC: 2026:KHC:7639-DB WA No. 426 of 2025 9. We dispose of this writ appeal with modification in the punishment of dismissal from service to compulsory retirement from service. The petitioner shall be paid his retirement dues i.e. provident fund, earned leave etc., as per the relevant rules. The petitioner has rendered a considerable service before 17.02.2019, he should be paid pension also if he is entitled under the relevant service rules. The retirement DCRG should be calculated and paid within the period of two months from today. With the aforesaid direction, we dispose of the present appeal. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 18