- 1 - HC-KAR NC: 2026:KHC:24300 WP No. 15853 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 15853 OF 2023 (L-KSRTC) BETWEEN: THE DIVISIONAL CONTROLLER B.M.T.C. NORTH EAST REGION/ZONE, CENTRAL OFFICE, K.H.ROAD, BANGALORE - 560 027 HEREIN REPRESENTED BY THE CHIEF LAW OFFICER, B.M.T.C. CENTRAL OFFICES, K.H.ROAD, SHANTHINAGAR, BANGALORE - 560 027. …PETITIONER (BY SRI. SANJEEV B.L, ADVOCATE) AND: SRI. RAMESH H .K S/O KRISHNEGOWDA, AGED ABOUT 39 YEARS, R/O KATTAHALLI VILLAGE, PODULIPPE POST, KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 563 211. …RESPONDENT (BY SRI. SHEKAR L, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24300 WP No. 15853 of 2023 RECORDS OF THE PROCEEDINGS OF THE II ADDL. LABOUR COURT, BANGALORE PERTAINING TO ID NO. 23/2020 WHICH HAS CULMINATED IN ITS AWARD DT. 27.02.2023 PRODUCED AT ANNX-D AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER This petition is filed assailing the Award dated 27.02.2023 passed by the II Additional Labour Court, Bengaluru, in ID.No.23/2020. 2. In terms of the said award, the penalty of dismissal imposed on the workman/respondent of this petition is set aside by the Labour Court and the workman is directed to be reinstated, with continuity of service, consequential benefits for the purpose of computing terminal benefits. There is a further direction to withhold two annual increments without cumulative benefit. 3. It is submitted that the respondent was reinstated without prejudice to the contentions raised in the petition. It is - 3 - HC-KAR NC: 2026:KHC:24300 WP No. 15853 of 2023 further submitted that the respondent was unauthorisedly absent for one year. It has come on record that both respondent and his wife were hospitalised for considerable length of time. 4. Under these circumstances, the Labour Court has come to the conclusion that the penalty of dismissal is unreasonable. This Court does not find any error in the said award so as to interfere with the award in exercise of jurisdiction under Article 226 of the Constitution of India. 5. However, the Court is also of the view that in the event, the misconduct to the extent of unauthorised absence is established, the award directing full consequential benefits is not justified. Therefore, the Court is of the view that awarding all consequential benefits needs to be set aside and accordingly, the same is set aside. The respondent/workman is only entitled to continuity of service for the terminal benefits. Rest of the award for continuity of service for computing the terminal benefit is kept intact. Accordingly, the writ petition is allowed in part. - 4 - HC-KAR NC: 2026:KHC:24300 WP No. 15853 of 2023 In view of disposal of main petition, pending I.A.No.1 of 2026 does not survive for consideration. Sd/- (ANANT RAMANATH HEGDE) JUDGE MKM List No.: 1 Sl No.: 9