Partly allowed

The Divisional Controller Nekrtc v. Basanagouda S/O Shivalingappa Hullur

Karnataka HC5 Sept 2023WP/200676/2016

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed the writ petition partly. It directed the petitioner to pay the respondent Rs. 2,82,064/- with interest at 6% per annum from the date of the Labour Court application until realization, correcting the lower rate.

What did the court decide?

Petitioner directed to pay respondent Rs. 2,82,064/- with interest at 6% per annum from the date of application till realization.

The Divisional Controller Nekrtc Vs… — Pension and Retirement Benefits | Karnataka HC (2023)

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1 - NC: 2023:KHC-K:7077 WP No. 200676 of 2016

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IN THE HIGH COURT OF KARNATAKA

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KALABURAGI BENCH

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DATED THIS THE 5^TH DAY OF SEPTEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE E.S.INDIRESH

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WRIT PETITION NO. 200676 OF 2016 (L-KSRTC) BETWEEN:

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THE DIVISIONAL CONTROLLER NEKRTC VIJAYAPURA DIVISION VIJAYAPURA BY ITS CHIEF LAW OFFICER

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…PETITIONER

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(BY SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE)

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AND:

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Digitally signed by B NAGAVENI Location: High Court Of Karnataka

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BASANAGOUDA S/O SHIVALINGAPPA HULLUR AGED ABOUT: 53 YEARS, OCC:EX CONDUCTOR R/O KAMLESH NILAYA (AGARBATTI COMPANY) SANGAMESHWAR COLONY GYANBAWADI VIJAYAPURA-586101

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…RESPONDENT

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(BY SRI. SANJAY M. JOSHI, ADVOCATE)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER

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2 - NC: 2023:KHC-K:7077 WP No. 200676 of 2016

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DATED 22.08.2015 IN A.NO. 13/2015 PASSED BY THE LABOUR COURT, VIJAYAPURA VIDE ANNEXURE -A ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this writ petition, petitioner is assailing order dated 22.08.2015 in Application No.13/2015 on the file of P.O., Labour Court, Bijapura.

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Heard learned counsel appearing for the parties.

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The respondent has filed Application under Section 33 C (2) of the Industrial Disputes Act, 1947 seeking direction to the petitioner - Corporation to pay Rs.2,82,064/- with interest pursuant to the order passed in KID No.65/2011 dated 08.08.2012 (Ex.P1).

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Having heard the learned counsel appearing for the parties and taking into account, the finding recorded by the Labour Court, I am of the view that, the petitioner is liable to pay the amount as awarded by the Labour Court

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3 - NC: 2023:KHC-K:7077 WP No. 200676 of 2016

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in terms of the order produced at Ex.P1 before the Labour Court.

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However, in so far as the interest part is concerned, the Labour Court ought to have taken into consideration the prevailing interest rate at 6% per annum and in that view of the matter, I am of the view that, the writ petition is required to be allowed partly.

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Accordingly, the writ petition is allowed in part. The order dated 22.08.2015 issued by the P.O., Labour Court, Bijapura is confirmed. The petitioner - Corporation is directed to pay Rs.2,82,064/- to the respondent herein with interest at 6% per annum from the date of the application till realisation.

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sac list no.: 1 sl no.: 34

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Sd/JUDGE

The Divisional Controller Nekrtc v. Basanagouda S/O Shivalingappa Hullur

Case brief

What is this about?

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The Divisional Controller Nekrtc v. Basanagouda S/O Shivalingappa Hullur

Case brief

What is this about?

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