- 1 - HC-KAR CNR: KAHC010092982017 NC: 2026:KHC:49148 WP No. 40108 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 40108 OF 2017 (L-KSRTC) BETWEEN: SRI.S.T. JAYANAND KUMAR S/O LATE THOTAPPA AGED ABOUT 47 YEARS CONDUCTOR, BADGE NO.4224 KSRTC, HASSAN DIVISION HASSAN. …PETITIONER (BY SRI. SUNDARESH H C., ADVOCATE) AND: THE DIVISIONAL CONTROLLER KSRTC HASSAN DIVISION HASSAN-573201. …RESPONDENT (BY SMT H. R. RENUKA., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-SET ASIDE THE AWARD PASSED BY THE INDUSTRIAL TRIBUNAL, MYSORE IN REFERENCE NO.29/2014 DATED: 22.08.2016 AS PER ANNEXURE-G AND DIRECT THE RESPONDENT TO REGULARIZE SERVICE OF THE PETITIONER WITH EFFECT FROM 1997 AS PER THE LIST PREPARED BY THE RESPONDENT CORPORATION DATED: 31.05.1997 VIDE ANNEXURE-D AND ETC. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010092982017 NC: 2026:KHC:49148 WP No. 40108 of 2017 THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This writ petition is filed under Articles 226 and 227 of the Constitution of India, challenging the award dated 22.08.2016 passed by the Industrial Tribunal, Mysore (for short, ‘the Tribunal’) in Reference No.29/2014, whereby the reference has been rejected. 2. The brief facts of the case are that the petitioner was appointed as a Conductor by the respondent- Corporation on 22.03.1995. He continued to work as a trainee. Thereafter, the respondent-Corporation confirmed his appointment by order dated 01.12.2000, placing him on probation. Upon satisfactory completion of the probationary period, his services were confirmed. After a lapse of nine years, he submitted a representation stating that his services ought to have been confirmed with effect from 22.03.1995. His request was rejected. Therefore, he - 3 - HC-KAR CNR: KAHC010092982017 NC: 2026:KHC:49148 WP No. 40108 of 2017 sought a reference. The point raised in the Reference is extracted below: “1. DqÀ½vÀªÀUÀðzÀªÀgÁzÀ «¨sÁVÃAiÀÄ ¤AiÀÄAvÀæuÁ¢üPÁjUÀ¼ÀÄ, PÀ£ÁðlPÀ gÁdå gÀ¸ÉÛ ¸ÁjUÉ ¸ÀA¸ÉÜ, ºÁ¸À£À «¨sÁUÀ, ºÁ¸À£À, EªÀgÀ ¥ÀæzsÁ£À PÁAiÀÄðzÀ²ð, PÉ.J¸ï.Dgï.n.¹. ¸ÁÖ¥sï CAqï ªÀPÀðgïì AiÀÄƤAiÀÄ£ï, PÉ.J¸ï.Dgï.n.¹. £ËPÀgÀgÀ ¥ÀwÛ£À ¸ÀºÀPÁgÀ ¸ÀAWÀzÀ ©°ØAUï, 2£Éà ªÀĺÀr, ©.JA gÀ¸ÉÛ, ºÁ¸À£À EªÀjAzÀ ¥Àæw¤¢ü¸À®àqÀĪÀ vÀªÀÄä PÁ«ÄðPÀgÁzÀ ²æà J¸ï ©. dAiÀÄ£ÀAzÀPÀĪÀiÁgï, ªÀAiÀĸÀÄì 43 ªÀµÀð, ¤ªÁðºÀPÀ, ©¯Éè ¸ÀASÉå: 4224, ºÁ¸À£À WÀlPÀ, EªÀgÀ£ÀÄß ¢£ÁAPÀ: 22.03.1995 jAzÀ 01-12-2000 ªÀgÉV£À CªÀ¢üAiÀÄ£ÀÄß SÁAiÀÄAUÉƽ¸ÀzÉ ²PÉë «¢ü¹gÀĪÀÅzÀÄ £ÁåAiÀĸÀªÀÄävÀªÉÃ? 2. ºÁV®è¢zÀÝ°è, ¸ÀzÀj PÁ«ÄðPÀgÀÄ AiÀiÁªÀ ¥ÀjºÁgÀPÉÌ CºÀðgÀÄ?” 3. It is not in dispute that the petitioner was appointed on 22.03.1995 through the Employment Exchange on daily wages. It is also not in dispute that he was placed on probation by order dated 01.12.2000, produced as Annexure-B. The petitioner has not challenged the said order. Thereafter, his services were - 4 - HC-KAR CNR: KAHC010092982017 NC: 2026:KHC:49148 WP No. 40108 of 2017 confirmed upon satisfactory completion of the probationary period. 4. After a lapse of nine years, the petitioner approached the authority seeking confirmation of his appointment with effect from 1995. During the period from 1995 to 2000, when he was working as a trainee, he was irregular in service. There was no continuity in his service during the said period. Therefore, his service was treated as commencing from 01.12.2000 under the order produced as Annexure-B. The said order was not challenged for more than a decade. After his services were confirmed and he had worked for more than ten years, he sought to contend that his services ought to have been treated as continuous from 1995. 5. The Tribunal considered the materials produced by the respondent-Corporation and recorded a clear finding that, from 1995 to 2000, the petitioner was irregular in service and that certain cases were pending against him, - 5 - HC-KAR CNR: KAHC010092982017 NC: 2026:KHC:49148 WP No. 40108 of 2017 therefore, he was placed on probation with effect from 01.12.2000. The Tribunal answered the point raised, in the affirmative and rejected the reference. 6. There is no error or illegality in the order passed by the Tribunal. Accordingly, the writ petition is dismissed. Sd/- (H.T. NARENDRA PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 65