IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANU SIVARAMAN, VIJAYKUMAR A.PATIL
L. Srinivas, S/o Late Lakshmanappa – Appellant
Versus
Karnataka State Road Transport Corporation – Respondent
| Table of Content |
|---|
| 1. employment history of unauthorized absences. (Para 1 , 3 , 4) |
| 2. arguments concerning dismissal and voluntary retirement. (Para 5 , 7 , 8 , 9 , 10 , 11) |
| 3. court's observations on absence and disciplinary actions. (Para 6 , 12 , 13) |
| 4. justification for the learned single judge's interference. (Para 15 , 16) |
| 5. dismissal of the appeal. (Para 17) |
JUDMENT :
ANU SIVARAMAN, J.
This Writ Appeal is filed challenging the order dated 20.09.2022 passed by the learned Single Judge in Writ Petition No.5824/2020 (L-KSRTC), setting aside the award dated 11.04.2018 of the Principal District Judge, Tumkur ('Labour Court' for short) in I.D.No.4/2015.
2. We have heard Shri. M.C. Basavaraju, learned counsel appearing for the appellant and Smt. H.R. Renuka, learned standing counsel appearing for the respondent.
3. The appellant was employed as a driver in the Karnataka State Road Transport Corporation ('KSRTC' for short) on 07.06.1997. It was the case of the KSRTC in the writ petition that he had a history of unauthorized absences for which fines were imposed on him multiple times. He was once dismissed from service for unauthorized absence which was challenged in I.D.No.16/2011. The dismis
Submission of voluntary retirement application does not entitle employee to relief from dismissal due to unauthorized absences without valid justification.
Unauthorized absence must be proven as wilful misconduct by the Management; failure to do so invalidates termination.
Removal from service for prolonged unauthorized absence upheld; no acceptance of resignation during pending disciplinary proceedings; no discrimination claim valid against lesser penalty in another c....
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