In this PIL regarding an indefinite strike by KSRTC employees, the High Court held that the industrial dispute was referred to an Industrial Tribunal for adjudication. The Court ruled the writ petition does not survive and dismissed it because the issues were already under adjudication by the statutory authority.
The writ petition is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2021
PRESENT
THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
AND
THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 8012 OF 2021(GM-RES-PIL)
BETWEEN:
S NATARAJ SHARMA ADVOCATE NO. 7, BHERU MANSION GANDHI BAZAR MAIN ROAD BANGALORE - 560004 PH NO-9972252679
...PETITIONER
(BY SRI.NATARAJ SHARMA, PARTY-IN-PERSON)
AND:
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KARNATAKA STATE ROAD TRANSPORT EMPLOYEES LEAGUE NO 149, 5TH CROSS NANDA HOTEL BUILDING GANDHI PARK, GANDHINAGAR BANGALORE - 09
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...RESPONDENTS
(BY SMT.VANI.H, AGA FOR R1 TO R3; SMT.H.R.RENUKA, ADVOCATE FOR R4, R5, R13 & R14; SRI.N.P.AMRUTESH, ADVOCATE FOR R6; SRI.V.S.NAIK, ADVOCATE FOR R8 & R9; SRI.M.C.BASAVARAJU, ADVOCATE FOR R10; SRI.V.R.DATAR, ADVOCATE FOR R11; NOTICE TO R12 IS SERVED & UNREPRESENTED)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a)ISSUE THE DIRECTION IN THE NATURE OF MANDAMUS TO RESPONDENT NO.1 TO 5 TAKE
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IMMEDIATE STEPS TO RESOLVE THE ISSUE WITH REGARD TO PROTEST AND ETC.,
THIS PETITION COMING ON FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
In this public interest litigation, the petitioner has come forward seeking following reliefs:
"a) Issue the direction in the nature of mandamus to Respondent No.1 to 5 take immediate steps to resolve the issue with regard to protest.
b) Issue the direction to respondent No.1 to constitute the committee headed by the former justice of the High court of Karnataka to asses, mediate and submit the report for necessary action to be taken to resolve issue of the employees permanently."
informs that the statement of objections has been filed. It has been stated by respondents that at the time when this public interest litigation was filed, the employees of the Karnataka State Road Transport Corporation(KSRTC) were on indefinite strike causing inconvenience to travelling public. Now, after the negotiations between the management of the KSRTC and
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the representatives of respondent No.6-Union, majority of the charter of demands has been met. The charter of demands submitted by the respondents'-Union was the subject matter before the Labour Conciliation Officer. The conciliation proceedings ended in failure. The dispute in relation to charter of demands has been referred for adjudication vide order dated 9.4.2021 under Section 10(1)(c) and (d) of the Industrial Disputes Act in I.D.No.47/2021 to the Industrial Tribunal, Bengaluru and the same is pending adjudication. The copy of the order dated 9.4.2021 has been brought on record as Annexure-R1 to the statement of objections.
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In view of the above, we are of the considered view that
the writ petition does not survive for adjudication and it is accordingly, dismissed.
Sd/CHIEF JUSTICE
Sd/JUDGE
*alb/-
2 issues framed by the court
Whether a writ petition seeking resolution of an industrial dispute during a strike survives for adjudication when the dispute is referred to an Industrial Tribunal.
Whether the petitioner is entitled to directions for resolving a strike and constituting a committee while the dispute is pending adjudication before a tribunal.
2 provisions across 2 enactments
S Nataraj Sharma
The Chief Secretary, Government of Karnataka
Union No. 149
Ritu Raj Awasthi
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
