- 1 - HC-KAR NC: 2026:KHC:32615 WP No. 6512 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 6512 OF 2019 (L-KSRTC) BETWEEN: 1. MANJUNATHA SWAMY, S/O. LATE GADI RAMANNA, SINCE DEAD, REPRESENTED BY HIS LRS SMT. MANORAMA, W/O. LATE MANJUNATHA SWAMY, AGED ABOUT 46 YEARS, 2. SUMAN G.M., S/O. LATE MANJUNATHA SWAMY, AGED ABOUT 22 YEARS, BOTH ARE R/AT COURT CIRCLE, OPPOSITE PAVAN CLINIC, GUBBI TOWN, TUMAKURU DISTRICT-572216. …PETITIONERS (BY SRI. M.C.BASAVARAJU, ADVOCATE) AND: THE DIVISIONAL CONTROLLER, K.S.R.T.C., RAMANAGARA DIVISION, KIMCO BUILDING, MYSURU ROAD, BENGALURU - 560 026. …RESPONDENT (BY SRI. HAREESH BHANDARY R., ADVOCATE) Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32615 WP No. 6512 of 2019 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.M.C.Basavaraju., counsel for the petitioners and Sri.Hareesh Bhandary.T., counsel for the respondent, have appeared in person. 2. The short facts are these: The deceased Sri.Manjunatha Swamy - was working as a driver in the establishment of the Corporation. On the alleged unauthorised absence from 25.07.2013 onwards, an Article of Charge was issued to the workman. The disciplinary authority appointed an inquiry officer. The inquiry officer conducted a detailed inquiry and submitted findings holding that the charges are proved, and the workman was dismissed from service on 04.09.2014. - 3 - HC-KAR NC: 2026:KHC:32615 WP No. 6512 of 2019 Aggrieved by the same, he raised a dispute before the Labor Court in I.D.No.45/2014. The Labor Court held that the domestic inquiry conducted by the Corporation was not fair and proper. The parties led evidence. The Labor Court vide award dated 22.12.2017 dismissed the claim petition. Under these circumstances, this writ petition is filed on several grounds as set out in the Memorandum of Writ Petition. 3. Counsel for the respective parties urged several contentions. Counsel for the petitioners in presenting his arguments vehemently contended that the award is arbitrary and illegal. He submitted that the unauthorised absence was not intentional or deliberate, as he was suffering from Jaundice, Chest Pain, Brethlessness, Back Ache and Gastric. Hence, the Labor Court has failed to look into the relevant records and has erroneously dismissed the claim. Urging other grounds he submits that the award of the Labor Court is liable to be set aside. - 4 - HC-KAR NC: 2026:KHC:32615 WP No. 6512 of 2019 Counsel for the respondent justified the award and submits that the petition is liable to be dismissed. 4. Heard the arguments and perused the papers with care. 5. The point that requires consideration is whether the award of the Labor Court requires interference. 6. The facts are adequately stated and do not need repetition. It is enough to note that the workman faced disciplinary proceedings and was punished with dismissal from service. The main issue concerns unauthorized absence. The charge against the workman was that he was absent without permission from duty from 25.07.2013 onwards. 7. It is the specific contention of the Corporation that no leave application was submitted, even if it is submitted, that should be accompanied by a Medical Certificate if the leave is sought on health grounds. 8. An employee is under an obligation not to absent himself from work without good cause during the time at which he is required to be at work. Absence without leave is - 5 - HC-KAR NC: 2026:KHC:32615 WP No. 6512 of 2019 misconduct in industrial employment, warranting disciplinary punishment. No employee can claim leave of absence as a matter of right, and remaining absent without leave will constitute a violation of discipline. The absence without leave constitutes misconduct justifying disciplinary action against the delinquent workman. The quantum of punishment in cases of misconduct or absence from duty without leave would depend upon the facts of each case. 9. The workman contended that he was suffering from medical issues and furnished the medical documents issued by the District Hospital, Tumakuru, Ex.W1. Perused the same with care. The absent period is from 25.07.2013. The medical certificate issued by the District Hospital, Tumakuru is from 22.02.2013 to 17.05.2013. This Court finds that although the workman sought to justify his absence by asserting ill health and producing medical documents before the Labor Court, such documents are irrelevant to the period of absence in question. It is further held that the medical certificate, being unaccompanied by the requisite clinical prescription, cannot be accorded with evidentiary value. - 6 - HC-KAR NC: 2026:KHC:32615 WP No. 6512 of 2019 It is pertinent to note that upon a proper appreciation of the material on record, the Labor Court rightly rejected the claim. In my view, the findings of the Labor Court is just and proper. 10. Accordingly, the writ petition is dismissed. Because of dismissal of the Writ Petition, pending interlocutory applications, if any, are disposed of, and interim relief, if any, stands discharged. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 21