# NORTH WEST KARNATAKA ROAD TRANSPORT CORPN v. H.H. PUJAR

- **Citation:** [2008] 10 S.C.R. 1149
- **Court:** Supreme Court of India
- **Decided:** 2008-07-18
- **Case number:** Civil Appeal No.4520 of 2008
- **Bench:** Dr. Arijit Pasayat, P. Sathasivam
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/north-west-karnataka-road-transport-corpn-v-h-h-pujar-23435
- **Pages:** 5

## Headnote

Labour Laws - Dismissal from service - Of bus conducA
B
tor - For the misconduct of not issuing tickets to some pas- c
sengers - Labour court as well as High Court setting aside
order of dismissal on the ground that ticket-less passengers
were not examined - On appeal, held: Order of dismissal justified - Non-examination of passengers is inconsequential in
view of the facts that proceedings of domestic enquiry were 0
y
fair and that the conductor admitted having not issued the tickets - Industrial Disputes Act, 1947 - s. 10 (4-A).
The bus, on which the respondent-conductor was
commissioning, was intercepted by the checking staff. It
was fond that the respondent had not issued tickets to E
20 out .of 136 passengers. In domestic _enquiry he was
found guilty and consequently dismissed from service.
Labour Court though held that the domestic enquiry was
fair, set aside the order of dismissal and direct his rein-
•
statement with conformity of service and back wages, on
F
the ground that cash bag of the respondent and the ticketless passengers were not checked. Single Judge of High
Court confirmed the order except the direction for payment of back wages. Writ appeal was dismissed as not
,,
maintainable. Hence the present appeal.
Allowing the appeal, the Court
HELD: Since fairness of the proceedings was conceded and the respondent admitted that he had not isG
1149
H
1150
SUPREME COURT REPORTS
[2008] 10 S.C.R.
A sued tickets to 20 passengers, non-examination of the
passengers is really of no consequence·. The order of dismissal passed by the Corporation is to operate. [Paras 9
and 10] [1153-E,F & G]
State of Haryana and Anr v. Rattan Singh 1977 (2) SCC
B. 491; Divisional Controller KSRTC (NWKSRTC) v. A. T Mane
2004 (8) S~ALE 308- relied on
.
.
..
Case Law Reference
1977 (2) SCC 491 Relied on Para 7
C·
2004 (8) SCALE 308 Relied on Para 8

## Text

[2008] 10 S.C.R. 1149
NORTH WEST KARNATAKA ROAD TRANSPORT
CORPN.
V.
H.H. PUJAR
(Civil Appeal No.4520 of 2008)
JULY 18, 2008
[DR. ARIJIT PASAYAT AND P. SATHASIVAM, JJ.]
Labour Laws - Dismissal from service - Of bus conducA
B
tor - For the misconduct of not issuing tickets to some pas- c
sengers - Labour court as well as High Court setting aside
order of dismissal on the ground that ticket-less passengers
were not examined - On appeal, held: Order of dismissal justified - Non-examination of passengers is inconsequential in
view of the facts that proceedings of domestic enquiry were 0
y
fair and that the conductor admitted having not issued the tickets - Industrial Disputes Act, 1947 - s. 10 (4-A).
The bus, on which the respondent-conductor was
commissioning, was intercepted by the checking staff. It
was fond that the respondent had not issued tickets to E
20 out .of 136 passengers. In domestic _enquiry he was
found guilty and consequently dismissed from service.
Labour Court though held that the domestic enquiry was
fair, set aside the order of dismissal and direct his rein-
•
statement with conformity of service and back wages, on
F
the ground that cash bag of the respondent and the ticketless passengers were not checked. Single Judge of High
Court confirmed the order except the direction for payment of back wages. Writ appeal was dismissed as not
,,
maintainable. Hence the present appeal.
Allowing the appeal, the Court
HELD: Since fairness of the proceedings was conceded and the respondent admitted that he had not isG
1149
H
1150
SUPREME COURT REPORTS
[2008] 10 S.C.R.
A sued tickets to 20 passengers, non-examination of the
passengers is really of no consequence·. The order of dismissal passed by the Corporation is to operate. [Paras 9
and 10] [1153-E,F & G]
State of Haryana and Anr v. Rattan Singh 1977 (2) SCC
B. 491; Divisional Controller KSRTC (NWKSRTC) v. A. T Mane
2004 (8) S~ALE 308- relied on
.
.
..
Case Law Reference
1977 (2) SCC 491 Relied on Para 7
C·
2004 (8) SCALE 308 Relied on Para 8
CIVILAPPELLATE JURISDICTION: Civil Appeal No. 4520
of.2008.
0
From the final Order and Judgment dated 21.10.2005 and
21.6.2006 of the High Court of Karnataka at Bangalore in W.P.
No. 17519/2000 (L-KSRTC) and W.A. No. 3830/2005 (LKSRTC) respec!ively
R.S. Hegde, Chandra Prakash, J.K. Nayyar., Ashwani Garg,_
E
Rahul Tyagi and P.P. Singh for the Appellant.
}he Judgmentofthe Court was delivered by
· Dr. ARIJIT PASAYAT, J. 1. Leave granted.
2. ·challenge in this appeal·is to the judgment of a Division
F
Bench of the Karnataka High Court in the writ appeal no.3830/
~
G
2005 dismissing appeal against the order of learned Sing!e
Judge in Writ Petition No.17519/2000. The writ appeal was
dismissed as not maintainable and, therefore, the challenge in
the present is essential to the order of learned Single Judge.
3. Background facts in a nutshell are as follows:
Respondent-Conductor was commissioning as such in Bus
No. F-16 on 15.9.1993 when the bus was intercepted by the
checking staff. It was found that the respondent had not issued
H tickets to 20 out of 136 passengers. Appellant conducted do-
NORTH WEST KARNATAKA ROAD TRANSPORT 1151
~
CORPN. v. H.H. PUJAR [DR. ARIJIT PASAYAT, J.]
mestic enquiry which found him guilty. Consequently, he was ·A
dismissed from service vide order dated 3.4.1995. The same
was challenged by the respondent before the Labour Court invoking Section 10(4-A) of the Industrial Disputes Act, 194 7 (in
,
short the 'Act'). The Labour Court held that the domestic in-
-r
quiry was fair and proper on the basis of the memorandum filed
B
by the respondent conceding to the fairness of the domestic
inquiry. However, the Labour Court set aside the order of dismissal and directed reinstatement of respondent with full back
wages, continuity of service and other consequential benefits.
The basis for this order was non-checking of cash bag of the
respondent and non-examination of ticketless passengers. The c
order was challenged before the High Court. By order dated
21.10.2005, the learned Single Judge held that the order was
correct so far as setting aside dismissal order is concerned,
;k
direction for reinstatement and continuity of service and consequential benefits. However, the direction relating to back wages D
was set aside. The writ appeal as noted above, was dismissed
on the ground that the same was not maintainable ...
4. In support of the appeal learned counsel for the appellant
submitted that the primary reason indicated by the Labour Court to
E
hold that the order of dismissal was bad, was the alleged nonexamination of the passengers to whom the respondent had not
issued the tickets. It also did not find any substance in the stand of
the Corporation that earlier also on 12 occasions for similar charges
).
punishments were awarded but the respondent did not improve
F
his conduct. The High Court found that the conclusions of the Labour
Court were correct. It was noted that if more passengers were carried within the permissible limit, it was fault of the Corporation who
did not took timely reformative and remedial m'easures. ·
5. Learned counsel for the appellant submitted that the view G
expressed by the High Court is clearly contrary to the law laid
down by this Court. Further, when the respondent himself conceded to the fairness of the proceedings and the fact that he
had not issued tickets to twenty passengers, their non-examination is of no consequences.
H
1152
SUPREME COURT REPORTS
[2008] 10 S.C.R.
A
6. There is no appearance on behalf of the respondent in
B
c
D
E
F
G
H
spite of service of notice.
7. In State of Haryana and Anr. v. Rattan Singh (1977 (2)
sec 491), it was, inter alia, held as follows:
"4. It is well settled that in a domestic enquiry the strict and
,,.._
sophisticated rules of evidence under the Indian Evidence
Act may not apply. All materials which are logically
probative for a prudent mind are permissible. There is no
allergy to hearsay evidence provided it has reasonable
nexus and credibility. It is true that departmental authorities
and Administrative Tribunals must be careful in evaluating
such material and should not glibly swallow what is strictly
speaking not relevant Linder the Indian Evidence Act. For
this proposition it is not necessary to cite decisions nor text
books, although we have been taken through case-law and
other authorities by counsel on both sides. The essence of "'
a judicial approach is objectivity, exclusion of extraneous
materials or considerations and observance of rules of
natural justice. Of course, fairplay is the basis and if
perversity or arbitrarine.ss, bias or surrender of
independence of judgment vitiate the conclusions reached,
such finding, even though of a domestic tribunal, cannot be
held good. However, the courts below misdirected
themselves, perhaps, in insisting that passengers who had
come in and gone out should be chased and brought before
the tribunal before a valid finding could be recorded. The
_.,
'residuum' rule to which counsel for the respondent referred,
based upon certain passages from American Jurisprudence
does not go to that extent nor does the passage from
Halsbury insist on such rigid requirement. The simple point
is, was there some evidence or was there no evidence -
not in the sense of the technical rules governing regular
court proceedings but in a fair commonsense way as men
'
of understanding and worldly wisdom will accept. Viewed
in this way, sufficiency of evidence in proof of the finding by
a domestic tribunal is beyond scrutiny. Absence of any
NORTH WEST KARNATAKA ROAD TRANSPORT 1153
CORPN. v. H.H. PUJAR [DR. ARIJIT PASAYAT, J.]
evidence in support of a finding is certainly available for the
A
court to look into because it amounts to an error of law
apparent on the record. We find, in this case, that the
evidence of Chamanlal, Inspector of the Flying Squad, is
some evidence which has relevance to the charge levelled
against the respondent. Therefore, we are unable to hold
B
that the order is invalid on that ground.
5. Reliance was placed, as earlier stated, on the noncompliance with the departmental instruction that statements
of passengers should be recorded by inspectors. These
are instructions of prudence, not rules that bind or vitiate in
C
the violation. In this case, the Inspector tried to get the
statements but the passengers declined., the psychology of
the latter in such circumstances being understandable,
although may not be approved. We cannot hold that merely
..
because statements of passengers were ·not recorded the D
order that followed was invalid. Likewise, the re-evaluation
of the evidence on the strength of co-conductor's testimony
is a matter not for the court but for the Administrative Tribunal.
In con- clusion, we do not think the courts below were right
in overturning the finding of the domestic tribunal."
E
8. The view was reiterated in Divisional Controller KSRTC
. (NWKSRTC) v. A. T Mane (2004 (8) SCALE 308).
9. As rightly contended by the appellant since fairness of
,i..
the proceedings was conceded and the respondent admitted
F
that he had not issued tickets to 20 passengers, their non-examination is really of no consequence.
10. In view of what has been stated by this Court in Rattan
Singh's case (supra) and in A. T Mane's case (supra) award of
the Labour Court and impugned order of the High Court cannot G
be maintained and are set aside. The order of dismissal passed
· by the Corporation is to operate.
11. The appeal is allowed without any order as to costs.
K.K.T.
Appeal allowed.
H