Dismissed

Smt B N Asha v. M/S the Management of Mysore Hindi Prachara Parishad

Karnataka HC4 Dec 2023WP/25299/2023

Case brief

AI extract

What is this about?

Petitioner sought writ jurisdiction to set-aside an interlocutory order passed by the Principal Labour Court under Section 11(3)(b) of the Industrial Disputes Act and Section 151 CPC. The High Court declined to interfere at an interlocutory stage and dismissed the petition.

What did the court decide?

Writ petition dismissed as High Court declined to interfere with the interlocutory order of the Labour Court.

Smt B N Asha Vs M/S the Management of… — Civil Procedure and Limitation | Karnataka HC (2023)

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NC: 2023:KHC:43522 WP No. 25299 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI

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WRIT PETITION NO.25299 OF 2023 (L-RES)

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BETWEEN:

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SMT. B.N.ASHA D/O LATE P.NARASIMHAMURTHY, AGED ABOUT 46 YEARS, NO 252, 1^ST BLOCK, 3^RD CROSS, PEENYA 1^ST STAGE, BENGALURU - 560 058.

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…PETITIONER

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(BY SRI MALLIKARJUNA N.K., ADVOCATE FOR SRI. A. SAMPATH, ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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M/S. THE MANAGEMENT OF MYSORE HINDI PRACHARA PARISHAD, SOCIETY REGISTERED UNDER THE SOCIETY REGISTRATION ACT, 1860, REPRESENTED BY ITS PRESIDENT, DR.G.P.BASAVARAJU, AGED ABOUT 81 YEARS

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M/S. THE MANAGEMENT OF MYSORE HINDI PRACHARA PARISHAD, SOCIETY REGISTERED UNDER THE SOCIETY REGISTRATION ACT, 1860, REPRESENTED BY ITS GENERAL SECRETARY, SRI R.CHANDRASHEKAR, S/O DR.B.RAMASANJEEVAIAH, AGED ABOUT 61 YEARS

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2 - NC: 2023:KHC:43522 WP No. 25299 of 2023

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BOTH ARE WORKING AT NO.58, WEST OF CHORD ROAD, SHIVANAGAR, RAJAJINAGAR, BENGALURU - 560 010.

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…RESPONDENTS

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(BY SRI.GAUTHAM VASUDEV., ADVOCATE FOR SRI.R.KIRAN., ADVOCATE FOR R1 & R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

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THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Sri.Mallikarjuna.N.K., learned counsel on behalf of Sri.A.Sampath., for the petitioner and Sri.Gautham Vasudev., learned counsel on behalf of Sri.R.Kiran., for respondents 1 & 2 have appeared in person.

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The Captioned Writ Petition is filed to set-aside the order dated:03.11.2023 passed by the Principal Labour Court on I.A.No.IV in I.D.No.03/2017 filed by the petitioner under Section 11(3)(b) of Industrial Disputes Act, 1947 read with

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NC: 2023:KHC:43522 WP No. 25299 of 2023

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Section 151 of Code of Civil Procedure vide Annexure-A; consequently, to allow the application in I.A.No.IV and etc.,

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Learned counsel for the petitioner and the

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respondents have urged several contentions. Heard, the contentions urged on behalf of respective parties and perused the Writ papers with utmost care.

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Suffice it to note that the petitioner has questioned

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the order passed by the Labour Court on an interlocutory application i.e., I.A.No.IV.

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The issue relates to the interference of this Court

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under Article 226 of the Constitution of India, in so far as the finding recorded by the Labour Court on an interlocutory application. The Hon'ble Apex Court in D.P.MAHESHWARI V/S. DELHI ADMINISTRATION AND OTHERS in reported in

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(1983) 4 SCC 293 has held that High Court is not required to

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be astute to interfere with the exercise of jurisdiction by Special Tribunals at interlocutory stages and on preliminary issue.

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NC: 2023:KHC:43522 WP No. 25299 of 2023

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Hence, I decline to exercise power under Article 226 of

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Constitution of India to interfere with the order passed on

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