Karnataka High Court Confirms Order Of Reduction In Basic Pay Imposed On "Tipsy" Bus Conductor Who Misbehaved With Passengers

The Karnataka High Court has held that the Industrial Tribunal cannot modify the minor penalty of reduction of basic pay to the minimum, imposed on a tipsy bus conductor found to be misbehaving with passengers.

A single judge bench of Justice Jyoti Mulimani allowed the petition filed by Bengaluru Metropolitan Transport Corporation (BMCT), set aside the order of the Tribunal and confirmed the order of penalty passed against H.B.Siddarajaiah, by the Corporation.

The Corporation had taken action after it was informed by passengers that the bus conductor on 11.06.2006 had consumed alcohol and was misbehaving with the passengers in the bus.

He was subjected to a medical examination, and it was found that he had consumed alcohol. The Depot Manager submitted a report in this regard. Based on the report, he was issued with Articles of charge. However, he did not choose to reply to the Articles of Charge. The disciplinary authority however appointed an inquiry officer to conduct an inquiry in respect of the charges levelled against the workman.

The inquiry officer, after conducting a detailed inquiry, submitted his findings holding that the charges were proved. The disciplinary authority accepted the findings of the inquiry officer and imposed an order of punishment.

The conductor questioned the order of punishment by raising a dispute, which came to be referred to the Tribunal. The Industrial Tribunal held that the domestic enquiry conducted by the Corporation was fair and proper but modified the punishment order.

The bench on going through the records noted that a Bus Conductor is a public transport employee who is responsible for ensuring the safe and efficient operation of a bus service. He is responsible for collecting fares and issuing tickets, ensuring all passengers have valid tickets, dealing with customer queries, and helping passengers on and off the bus.

It said, “Some of the duties listed on the Bus Conductor are – checking tickets, providing information to passengers, assisting passengers in boarding and alighting, maintaining order and discipline on the bus, counting fares and issuing tickets, and reporting any irregularities to the supervisor.”

Further it observed “Overall, a good bus conductor should be dependable, friendly, helpful, and safety conscious. They should possess excellent communication skills, be trustworthy, and be physically fit enough to manage the demands of the job. The drivers and conductors must behave courteously with passengers.”

Then it said “But this is an interesting case of Tipsy Man who made travel a nightmarish experience for passengers. The charge was serious; while on duty, he was drunk and misbehaved with the passengers.”

Following which it held “The Tribunal erred in modifying the imposition of a minor penalty. This modification is without jurisdiction in as much as the Tribunal has no power to modify the minor penalty. It should have been seen that under Section 11A of the Industrial Disputes Act, it could not have been pressed into service in respect of the minor penalty. The Tribunal erred in modifying the minor penalty despite affirming the misconduct.”

It added “The managerial decision imposing a minor penalty is absolute and the same cannot be modified in the exercise of power under Section 11A of the Industrial Disputes Act.”

Accordingly it allowed the petition.

Appearance: Advocate H R Renuka for Petitioner.

Advocate Kantharaja V for Respondent.

Citation: 2023 LiveLaw (Kar) 390

Case Title: Bengaluru Metropolitan Transport Corporation Limited And H B Siddarajaiah

Case No: WRIT PETITION NO.58780 OF 2014

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