HARIBA Vs. K S R T C

JUDGEMENT

(1.) This Writ Petition is by an Ex-Conductor of the Karnataka State Road Transport Corporation ('Corporation' for short). He has prayed for quashing the order made by the disciplinary authority and Deputy General Manager and Divisional Controller, Gulbarga Division, imposing the penalty of dismissal from service against him, which order is confirmed in appeal by the appellate authority.

(2.) This petition has come up for preliminary hearing after notice to the respondents. Sri H. G. Balakrishna, learned counsel for the Corporation, contends that though the Corporation is an authority falling within the definition of the word 'State' as defined under Art. 12 of the Constitution and therefore, certainly amenable to the writ jurisdiction of this Court under Art. 226, in a matter like this, this Court should not certain a petition in its extraordinary jurisdiction under Art. 226 of the Constitution as the petitioner-workman has an effective alternative remedy under S. 10 of the Industrial Disputes Act ('Act' for short) and the Corporation would have an effective opportunity to defend its action available to it in a proceeding before the Industrial Court and the Corporation would suffer irretrievable injury consequent on the deprivation of that opportunity.

(3.) In order to appreciate the aforesaid objection raised by the learned counsel for the Corporation, it is necessary to refer to the facts of case. They are : A departmental inquiry was instituted against the petitioner by the Deputy General Manager and the Divisional Controller of Gulbarga Division of the Corporation, who was the competent disciplinary authority, on the following charges.