Disposed

Hmt Machine Tools Ltd. v. Sri N D Puttaswamy

Karnataka HC26 May 2023WA/307/2018

Case brief

AI extract

What is this about?

Intra Court appeal regarding retirement benefits was filed. Bench held that pending writ petitions involved rights covered by prior Court judgments. Appeal was disposed of directing HMT to consider payment of retirement benefits and interest within three months.

What did the court decide?

Appellant directed to consider payment of retirement benefits and interest within 3 months.

Hmt Machine Tools Ltd. Vs Sri N D Puttaswamy — Pension and Retirement Benefits | Karnataka HC (2023)

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WA No.307 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 26^TH 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

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WRIT APPEAL NO.307 OF 2018 (S-R)

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BETWEEN:

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Digitally signed by RUPA V Location: High Court of Karnataka

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HMT MACHINE TOOLS LTD., (A SUBSIDIARY OF HMT LTD.,) BANGALORE COMPLEX NO.59, HMT BHAVAN GANGENAHALLI, BELLARY ROAD R. T. NAGAR POST, BANGALORE - 560 032 REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR.

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HMT MACHINE TOOLS (MBX) BANGALORE COMPLEX , JALAHALLI BANGALORE - 560 013 REPRESENTED BY ITS GENERAL MANAGER.

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…APPELLANTS

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(BY SRI. H.M. MURALIDHAR, ADV.,)

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AND:

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SRI. N.D. PUTTASWAMY S/O LATE DEVAPPA N AGED ABOUT 60 YEARS FORMERLY WORKING AS SECURITY INSPECTOR - C HMT MACHINE TOOLS LTD., RESIDING AT NO.26, MANDARA BHARATH NAGAR, M. S. PALYA DR. CHANDRAPPA LAYOUT, VIDYARANYAPURA BANGALORE - 560 097.

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SRI. S. RAJARAM SINCE DECEASED BY LRS.

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2 - WA No.307 of 2018

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(a) SMT. GIRIJA B.C. W/O LATE S. RAJARAM AGED ABOUT 63 YEARS.

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(b) SRI. PRASHANTH R S/O LATE S. RAJARAM AGED ABOUT 41 YEARS.

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(c) SRI. PRUTHVIN S/O LATE S. RAJARAM AGED ABOUT 41 YEARS. ALL ARE RESIDING AT 216 2ND MAIN, 4TH CROSS, UTTARAHALLI MAIN ROAD BHCS LAYOUT, UTTARAHALLI, MAIN ROAD, BANGALORE - 560061.

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SRI. SHIVALINGE GOWDA S/O LATE KEMPE GOWDA AGED ABOUT 61 YEARS FORMERLY WORKING AS MANAGER - PS -V HMT MACHINE TOOLS LIMITED RESIDING AT NO 39, SIDDESHWARA NILAYA 2ND CROSS,, K N VILLA, 2ND PHASE DODDABOMMASANDRA VIDYARANYAPURA, BANGALORE - 560097.

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SRI. THIMMAIAH .L S/O LATE THIMMAIAH AGED ABOUT 64 YEARS FORMERLY WORKING AS SENIOR TECHNICAL ASSISTANT HMT MACHINE TOOLS RESIDING AT NO 271, 7TH CROSS 2ND BLOCK, HMT LAYOUT NAGASANDRA POST, BANGALORE - 560097.

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SRI. MANCHIGAIAH .C S/O LATE MADAIAH AGED ABOUT 64 YEARS FORMERLY WORKING AS MANAGER (IT) AND RESIDING AT NO 111, 2ND FLOOR 3RD STAGE, 4TH MAIN

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WA No.307 of 2018

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VIJAYANAGAR

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BANGALORE - 560 040.

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SRI. MUNINARAYANAPPA S/O LATE MUNISHAMAPPA AGE 63 YEARS FORMERLY WORKING AS SENIOR TECHNICAL ASSISTANT D HMT MACHINE TOOLS RESIDING AT NO 21, BEERESHWARA NILAYA INDIAN EXPRESS LAYOUT, VIRUPAKSHPURA, VIDYARANYAPURA, BANGALORE - 97.

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SRI. M.R. VISHWANATH S/O M V RAMARAO AGE 65 YEARS FORMERLY WORKING AS DEPUTY GENERAL MANAGER (M) HMT MACHINE TOOLS LTD., RESIDING AT NO 37, 13TH A CROSS, BHUVANESHWARINAGAA, HAF POST, HEBBALKEMPAPURA , DASARAHALLI BANGALORE - 560 024.

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SRI. KRISHNA MURTHY S/O LATE KEMBRAYAPPA AGE 63 YEARS FORMERLY WORKING AS SENIOR TECHNICAL ASSISTANT D HMT MACHINE TOOLS RESIDING AT NO 145/3, SAHYADRI NILAYA, NAEAR SHARADAMBA TEMPLE, JALAHALLI, BANGALORE - 560 097.

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SRI. SHESHAPPA S/O LATE SOMAPPA AGE 64 YEARS FORMERLY WORKING AS WORKER SUPERVISOR WS- 1, HMT MACHINE TOOLS RESIDING AT NO 19, 1ST FLOOR, GOLDEN RAYS BUILDINGS, NEAR RR HIGH SCHOOL

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WA No.307 of 2018

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DODDABOMMASANDRA

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BANGALORE - 560 097.

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V S KRISHNAMURTHY S/O LATE SUBBA RAO AGE 64 YEARS FORMERLY WORKING AS DEPUTY CHIEF ENGINEER HMT MACHINE TOOLS RESIDING AT NO 407, 3RD BLOCK, 10TH CROSS, HMT LAYOUT , VIDYARANYAPURA, BANGALORE - 560 097.

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SMT. MARIAMMA W/O K V THAMBI AGE 65 YEARS FORMERLY WORKING AS DEPUTY MANAGER HMT MACHINE TOOLS LTD., RESIDING AT NO 406, 3RD BLOCK 10TH CROSS, HMT LAYOUT, VIDYARANYAPURA, BANGALORE - 560 097.

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SRI. C. DEVE GOWDA S/O LATE JAVARAPPA AGE 64 YEARS FORMERLY WORKING AS ASSISTANT GENERAL MANAGER HMT MACHINE TOOLS RESIDING AT NO 6, 4TH C MAIN BYRAVESHWARANAGARA, MOODALAPALYA, BANGALORE - 560 012.

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SRI. MAYAGAIAH S/O LATE MAYAGAIAH, MAJOR FORMERLY WORKING AS WORKER SUPERVISOR HMT MACHINE TOOLS RESIDING AT NO 563 4TH CROSS, HMT LAYOUT NAGASANDRA POST BANGALORE - 560 073.

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WA No.307 of 2018

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SRI. B.C. RAMASWAMY S/O LATE CHIKKANNA AGE 62 YEARS FORMERLY WORKING AS OPERATOR - B, HMT MACHINE TOOLS LTD., RESIDING AT NO 639, SECTOR -III HMT COLONY, BANGALORE - 560 013.

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SRI. VENKATARAMA REDDY S/O LATE PAPI REDDY AGE 62 YEARS FORMERLY WORKING AS WORKER SUPERVISOR HMT MACHINE TOOLS RESIDING AT NO A-33, SECTOR II HMT LAYOUT, JALAHALLI BANGALORE - 560 013.

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…RESPONDENTS

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(BY SRI. SUBRAMANYA BHAT, ADV., FOR R4, R5, R7 TO R9, R12, R13 AND R15)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO PERUSE THE SAME, ALLOW THE WRIT APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 08/12/2017 PASSED BY THE LEARNED SINGLE JUDGE IN WP NOS. 14523-14537/2016 [S-R] C/W WP NOS.2266722668/2015, 43636-43645/2015, 16043-16047/2016 AND 16048-16049/2016, CONSEQUENTLY, DISMISS THE WRIT PETITIONS, OR IN THE ALTERNATIVE PASS SUCH OTHER ORDER/S AS THIS HON'BLE COURT DEEM FIT TO PASS ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE.

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

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WA No.307 of 2018

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JUDGMENT

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This intra Court appeal has been filed against an

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order dated 08.12.2017 passed by the learned Single Judge in W.P.Nos.14523-37/2016 and connected matters.

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In view of the submission made by learned counsel for the parties that the controversy involved in the writ petitions is covered by judgments of this Court in W.P.No.38341/2014 c/w W.P.Nos.8821-22/2014 decided on 22.09.2014 in Puttamallaiah & others Vs. The Union of India & others, and W.P.No.45250/2014 c/w W.P.No.27796/2014 decided on 13.01.2016 in Sri.S.Yathindra Kumar and others Vs. HMT Limited & others, the learned Single Judge disposed of the writ petitions.

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It is not in dispute that subsequently against order passed in W.P.No.45250/2014 and connected

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WA No.307 of 2018

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matter, on which reliance was placed by the learned Single Judge while disposing of the writ petitions, a review petition was filed which was disposed of and the aforesaid writ petitions were restored to file. Thereafter, the learned Single Judge, by an order dated 23.11.2022 has disposed of W.P.No.45250/2014 and connected matter.

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Learned counsel for the parties jointly submit

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that the petition be disposed of on similar terms and with same directions.

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In view of aforesaid submission and with a view

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to maintain parity, writ appeal is disposed of with the following directions:

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The appellants - HMT is directed to consider

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the representations of the respondents requesting payment of retirement benefits including encashment of leave, if not paid and to

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WA No.307 of 2018

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consider payment of interest for the belated payment of the above benefits by passing appropriate order, within 3 months from the date of receipt of a copy of this order.

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Accordingly, the appeal is disposed of.

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Consequently, the pending interlocutory

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application is also disposed of.

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Sd/JUDGE

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Sd/JUDGE

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