High CourtsDIVISION BENCH(2017) 02 KAR CK 0125

P S KUMAR S/O B.P.SIDDALINGAPPA vs THE SENIOR DIVISIONAL CONTROLLER KSRTC

Karnataka High Court · Decided on 2 February 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, Budihal R.B.
RESULT
Dismissed
CASE NUMBER
712 of 2014 (L-KSRTC)

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Judgment

8 paragraphs · 209 words
1.

This is an appeal against the judgment and order dated February 18, 2014, passed by the Hon'ble Single Judge, dismissing Writ Petition No.52177 of 2013.

2.

The writ petitioner was employed as a driver in the respondent -corporation. He remained absent from November, 2009. After holding an enquiry, the authorities dismissed the writ petitioner from service on October 18, 2010.

3.

The writ petitioner filed an application under Section 33-A of the Industrial Disputes Act, 1947, only, in the year 2012. The tribunal rejected such application.

4.

The Hon'ble Single Judge was of the opinion that there was inordinate delay in approaching the tribunal and there was no explanation as to why the writ petitioner challenged the order of October, 2010 in 2012.

5.

We are informed by Ms.H.R.Renuka, learned advocate appearing for the respondent, that the writ petitioner was dismissed earlier and he was reinstated on an undertaking that he would not remain absent unauthorisedly. She, further, informed that the writ petitioner joined the duty; worked for a day; thereafter, again, he remained, unauthorisedly, absent for 11 (eleven) months.

6.

We do not find any merit in the writ appeal requiring interference.

7.

Therefore, the writ appeal is dismissed.

8.

We make no order as to costs.