SRI. N.G.PATEL v. THE CHIEF MECHANICAL ENGINEER (M)
Case at a glance
Provisions considered
- Constitution of India arts. 226, 227
- Industrial Disputes Act, 1947
Key paragraphs
- Para 66. Resultantly, the Writ Petition is rejected. It is needless to observe that the Court has not observed any opinion on the merits of the case. TKN List No.: 1 Sl No.: 47 Sd/- JUDGE
Judgment
SRI. N.G.PATEL AGED ABOUT 60 YEARS, S/O. LATE GURUSIDDAPPA, RESIDING AT NO.1526, SHIVAKUMARANAGAR, II STAGE, VIDYANAGAR POST, DAVANAGERE-577 001. (BY SRI. MUKKANNAPPA., ADVOCATE) AND:
THE CHIEF MECHANICAL ENGINEER (M) AND APPELLATE AUTHORITY, K.S.R.T.C., CENTRAL OFFICES, K.H.ROAD, SHANTHINAGAR, BENGALURU-560 027. …PETITIONER THEJASKUMAR N Location: High Court of Karnataka
THE DIVISIONAL CONTROLLER AND DISCIPLINARY AUTHORITY, KSRTC, DAVANAGERE DIVISION, DAVANAGERE-577 001. (BY SMT. H.R.RENUKA., ADVOCATE) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: - 2 - NC: 2024:KHC:18848 WP No. 7424 of 2020 ORDER Sri.S.B.Mukkannappa., learned counsel for the petitioner and Smt.H.R.Renuka., learned counsel for the respondents have appeared in person.
2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the punishment order dated:29.05.2017 vide Annexure-F as well as the order dated:18.03.2019 passed by the Appellate Authority vide Annexure-H and also to issue a Writ of Mandamus directing the respondents to restore the increment of the petitioner and to refund the amount recovered from him with all other consequential monetary benefits.
Learned counsel for the respective parties have urged several contentions. Heard, the contentions urged on behalf of the respective parties and perused the Writ papers with utmost care.
It is not in dispute that the petitioner was working as an Assistant at Traffic Section of KSRTC, Davanagere Division. He came under a disciplinary inquiry proceedings for an act of misconduct and was visited with an order of punishment i.e., reducing the basic pay by one incremental - 3 - NC: 2024:KHC:18848 WP No. 7424 of 2020 stage with cumulative effect besides recovery of Rs.80,739/- (Rupees Eighty Thousand Seven Hundred and Thirty Nine only) installments punishment dated:29.05.2017. The petitioner filed an appeal before the Appellate Authority. The Appellate Authority vide order dated:18.03.2019 rejected the appeal. The petitioner has invoked the Writ jurisdiction questioning the order of the punishment and the order of the Appellate Authority on several grounds as set-out in the Memorandum of Writ Petition.
Suffice it to note that the petitioner was working as an Assistant at Traffic Section of KSRTC, Davanagere Division and he comes under the definition of workmen under the provisions of the Industrial Disputes Act, 1947. The law is well settled that the workman must seek reference to raise a dispute under the provisions of the Industrial Disputes Act,
1947. The petitioner has not raised a dispute before the appropriate forum under the provisions of the Industrial Disputes Act, 1947. Hence, the Writ Petition is not maintainable and it is liable to be rejected. Accordingly, it is rejected. However, a liberty is reserved to raise a dispute the appropriate forum under the provisions of the Industrial Disputes Act, 1947. - 4 - NC: 2024:KHC:18848 WP No. 7424 of 2020
Resultantly, the Writ Petition is rejected. It is needless to observe that the Court has not observed any opinion on the merits of the case. TKN List No.: 1 Sl No.: 47 Sd/- JUDGE
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.