Disposed

Abb Employees Union v. M/S. Abb India Ltd.

Karnataka HC4 Feb 2021WA/17/2021

Case brief

AI extract

What is this about?

<b>Appellants</b> filed a composite appeal challenging a single-judge judgment on employment termination. The court permitted <b>respondent</b> No.1 to withdraw a connected writ petition. Consequently, the impugned order was rendered without effect.

What did the court decide?

Permission granted to respondent No.1 to withdraw W.P.No.5183/2020; impugned order voided; I.A.1/2021 disposed.

Abb Employees Union Vs M/S. Abb India Ltd. — Service and Employment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF FEBRUARY, 2021

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PRESENT

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THE HON’BLE MRS.JUSTICE B.V.NAGARATHNA

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AND

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THE HON’BLE MRS.JUSTICE M.G.UMA

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W.A.No. 17/2021 (L – RES)

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BETWEEN:

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ABB EMPLOYEES UNION (AFFILIATED TOA AITUC) PLOT No.4-A, 5 & 6 2^ND PHASE, PEENYA INDUSTRIAL AREA, P.B.No.5806, PEENYA, BENGALURU – 560 058. REP BY ITS GENERAL SECRETARY.

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… APPELLANT

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(BY SRI. PARASHURAM A.L., ADVOCATE)

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AND:

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M/S ABB INDIA LTD., PLOT NO.4-A, 5 & 6 2^ND PHASE, PEENYA INDUSTRIAL AREA, P.B.No.5806, PEENYA, BENGLAURU – 560 058. REPRESENTED BY ITS VICE PRESIDENTHUMAN RESOURCE

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THE DEPUTY LABOUR COMMISSIONER, DIVISION 1,

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OFFICE OF THE LABOUR COMMISSIONER, KARMIKA BHAVAN, BANNERGHATTA ROAD, BENGALURU – 560 029. … RESPONDENTS

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(BY SRI. S.N.MURTHY SENIOR COUNSEL FOR SRI.SOMASHEKAR, ADVOCATE FOR R-1 (VC), SRI. C.N.MAHADESHWARAN, AGA FOR R-2 )

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THIS APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE OF THE LEARNED SINGLE JUDGE DATED 09.11.2020 IN W.P.No.5183/2020 AND ETC.

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THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, NAGARATHNA, J., DELIVERED THE FOLLOWING:

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JUDGMENT

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We have heard Sri Parashuram A.L., learned counsel for the appellant and learned Senior Counsel Sri S.N.Murthy, appearing for Sri Somashekar, learned counsel for caveator – respondent No.1 and perused the materials on record.

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Pursuant to the submissions made before this Court

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on the last date of hearing (02.02.2021), learned Senior Counsel appearing for caveator - respondent No.1

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sought time to get instructions in the matter. Today, he submits that permission may be granted to respondent No.1 to withdraw W.P.No.5183/2020 filed by respondent No.1, in which, the impugned order dated 09.11.2020 has been passed.

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3. The submission of learned Senior Counsel

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appearing for respondent No.1 is placed on record.

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By way of response, learned counsel appearing for

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the appellant submits that Sri Jagadish has been terminated from service and he has assailed the same before the competent Labour Court and the said proceeding may continue in accordance with law.

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In the circumstances, we permit respondent No.1 to withdraw W.P.No.5183/2020 and consequently, the impugned order dated 09.11.2020 has no effect or efficacy. The termination of Sri Jagadish, which is questioned before the competent Labour Court, shall proceed in accordance with law.

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Appeal is disposed in the aforesaid terms.

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Consequently, I.A.1/2021 stands disposed.

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Sd/JUDGE

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Sd/JUDGE

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PKS

Abb Employees Union v. M/S. Abb India Ltd.

Case brief

What is this about?

What did the court decide?

Abb Employees Union v. M/S. Abb India Ltd.

Case brief

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