Karnataka High Court
WP/2698/2022 of SMT B SHOBHA Vs THE MANAGING DIRECTOR on 14 July 2026
CNR: KAHC010057082022 NC: 2026:KHC:36033-DB WP No. 2698 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO.2698 OF 2022 (L-TER) BETWEEN: SMT. B SHOBHA, AGED
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.2698 OF 2022 (L-TER)
BETWEEN:
SMT. B SHOBHA,
AGED ABOUT 48 YEARS,
W/O. LATE SRI BK. MURALIDHAR,
STAFF NO.19518,
R/AT DOOR NO.227/5,
MANJUNATHA NILAYA,
4TH MAIN, BYRAPPA BLOCK,
TYAGARAJANAGAR,
BANGALORE - 560 028.
…PETITIONER
(BY SRI. SUNIL KUMAR H., ADVOCATE)
AND:
THE MANAGING DIRECTOR,
BHARATH EARTH MOVERS LIMITED,
BEML SOUTHA 23/1,
4TH MAIN ROAD,
S.R. NAGAR,
BANGALORE - 560 027.
…RESPONDENT
(BY SRI. NARASIMHA SWAMY N.S., ADVOCATE)
Digitally
signed by
REKHA R
Location:
High Court of
Karnataka
HC-KAR
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET
ASIDE THE ORDER PASSED BY CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL IN CR NO.1/2011 DATED:01.06.2020
VIDE ANNEXURE-A AND SET ASIDE THE DISMISSAL ORDER
PASSED
BY
THE
RESPONDENT
DATED:26.11.1999
VIDE
ANNEXURE-A1 AND GRANT PENSION AND DEATH BENEFITS TO
THE PETITIONER AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINAYR HEARING
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ petition has been filed impugning the award dated 01.06.2020 passed by the Central Government Industrial Tribunal-cum-Labour Court in CR.No.01/2011. The Central Government vide order dated 08.12.2010 in exercise of its powers conferred by Clause (d) of Sub-Section (1) and Sub-Section 2(A) of Section 10 of Industrial Dispute Act, 1947 (for short 'ID Act') referred the following dispute for adjudication by the CGIT.
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2. The deceased workman was working with the Bharath Earth Movers Limited. The Central Government undertaking engaged in a defence, equipment and production. He was working as a cook, since 10.06.1985. It appears that the deceased workman-respondent remained absent from work without leave or permission continuously from 05.05.1998. He was issued a charge sheet and call upon to report the duty on or before 20.07.1998.
3. The Enquiry Officer found the charges proved. The Disciplinary Authority having noted his earlier absence from duty on six occasions inflicted the major punishment of dismissal from service under clause 22.2 (iv) of the standing orders with liberty to the deceased workman to submit his representation, if any in writing.
4. The management had filed an application before the State Labour Court under Section 33(2)(b) of the ID Act, seeking approval of the punishment of dismissal
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inflicted on the deceased workman and the said application was allowed vide order dated 15.07.2003.
5. The workman had filed a writ petition before this Court in WP.No.31398/2009 (L-TER) seeking direction to the State Government to receive his petition, hold conciliation meeting for withdrawal of the dismissal order dated 26.07.1999. The said writ petition came to be disposed of vide order dated 30.10.2009 with liberty to the workman to make representation to the respondent i.e., to the State of Karnataka. We find that the impugned award suffers from illegality inasmuch as the defence evidence has not been adverted to. However, as the deceased workman is no more and his terminal benefits have been paid, we are of the view that to give quietus to the dispute, BEML should pay lump sum compensation of Rs.2,00,000/- (Rupees Two Lakhs only) to the petitioner within a period of six
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weeks from today. With the aforesaid direction the present writ petition stands disposed of.
Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
PK List No.: 1 Sl No.: 28 ct-vn