Allowed

Karnataka State Road Transport Corporation v. Ramakrishna

Karnataka HC23 May 2023WA/1416/2021

Case brief

AI extract

What is this about?

This appeal challenges the High Court order dismissing a writ petition against a Labour Court award. The court set aside the impugned order and the Labour Court award, directing the parties to appear before the Labour Court for a fresh consideration with a four-month time limit.

What did the court decide?

Set aside the impugned order and the Labour Court award; directed parties to appear before the Labour Court on 10.07.2023 with an outer limit of four months to dispose of the reference.

Karnataka State Road Transport Corporation… — Labour and Industrial Disputes | Karnataka HC (2023)

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WA No. 1416 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF MAY, 2023

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PRESENT

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THE HON'BLE MR JUSTICE ALOK ARADHE

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AND

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THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT APPEAL NO. 1416 OF 2021 (L-KSRTC)

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BETWEEN:

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KARNATAKA STATE ROAD TRANSPORT CORPORATION, HASSAN DIVISION, HASSAN, BY ITS DIVISIONAL CONTROLLER, REPRESENTED BY ITS CHIEF LAW OFFICER.

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…APPELLANT

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(BY SMT. RENUKA H. R., ADVOCATE)

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AND:

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Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA

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RAMAKRISHNA ADULT, DRIVER BADGE NO.1758, REPRESENTED BY MYSORE DIVISION GENERAL LABOUR UNION, NO.40, II CROSS, II STAGE, GAYATRIPURAM, MYSORE-570001.

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…RESPONDENT

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(BY SRI SHEKAR L, ADVOCATE)

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THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 18.08.2021 PASSED IN WP NO.60756/2014 CONSEQUENTLY SETASIDE THE AWARD DATED 03.10.2012 PASSED BY THE INDUSTRIAL TRIBUNAL MYSORE REF NO.25/2007 (ANNEXURE-A IN WP NO 60756/2014).

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WA No. 1416 of 2021

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

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JUDGMENT

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This intra Court appeal arises out of the order dated 18.08.2021 passed by the learned Single Judge of this Court, by which writ petition is preferred by Karnataka State Transport Corporation (hereafter referred to as "Corporation") has been dismissed.

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Facts giving rise for filing of this appeal briefly stated are an exparte award dated 03.10.2012 was passed against the Corporation by which orders of punishment dated 07.02.2003 and 27.02.2003 imposed on the respondent (employee) were set aside. The Corporation challenged the aforesaid award in a Writ Petition namely W.P. No.60756/2014.

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Learned Single Judge by order dated 18.08.2021, dismissed the writ petition inter alia on the ground that the same has been presented without any supporting and necessary documents. In the aforesaid factual background, this appeal arises for our consideration.

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WA No. 1416 of 2021

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Learned counsel for the appellant while inviting the attention of the Court to paragraph 6 of the petition submitted that the grievance of the appellant was confined only to grant of sufficient opportunity to the Corporation to its case and infact the Corporation had simply sought for relief of remand of the matter to the Labour Court.

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On the other hand learned counsel for the respondent submitted that the respondent has already attained the age of superannuation and therefore no interference is called for at this point of time.

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We have considered the submission made by both

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sides and have perused the records.

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Paragraph 6 of the Writ Petition No.60756/2014 reads as under:

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"The Corporation had furnished the documents pertaining to the orders of punishment dated 07.02.2003 and 27.02.2003 to its counsel but the same has not been produced before the Court. Further the Corporation could not lead evidence for want of communication and also the fact that evidence pertaining to four orders of punishment

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WA No. 1416 of 2021

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could not be done for want of sufficient opportunity. Hence the corporation may kindly be provided with an opportunity to defend its case by remanding the case to the Tribunal for fresh consideration."

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It is pertinent to note that the learned Single Judge

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has not disbelieved the version put-forth by the Corporation in the order. The writ petition has been dismissed only on the ground that the same has been presented without any supporting and necessary documents. In the peculiar facts of the case, we deem it appropriate to grant an opportunity to the Corporation to contest the proceeding before the Labour Court.

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The impugned order dated 18.08.2021 passed by the learned Single Judge is set aside. The award dated 03.10.2012 passed by the Labour Court in Reference No.25/2007 is also set aside. The parties are directed to appear before the Labour Court on 10.07.2023. The Labour Court thereafter shall proceed to deal with the reference expeditiously with an outer limit of four months.

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Pending I.A.s are disposed of.

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WA No. 1416 of 2021

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With the aforesaid direction the appeal is disposed

of.

Sd/JUDGE

Sd/JUDGE

GVP

Karnataka State Road Transport Corporation v. Ramakrishna

Case brief

What is this about?

What did the court decide?

Karnataka State Road Transport Corporation v. Ramakrishna

Case brief

What is this about?

What did the court decide?

What the court decided

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