Dismissed

M/S Mtr Foods Pvt. Ltd., v. Sri. Yogesh S K

Karnataka HC27 Nov 2023WP/26259/2023

Case brief

AI extract

What is this about?

The Karnataka High Court, on a preliminary hearing, declined to interfere with an interim order of the Labour Court regarding domestic inquiry fairness, citing precedent on non-interference at interlocutory stages.

What did the court decide?

Writ Petition dismissed; no power to interfere with the Labour Court's order on the preliminary issue regarding fairness of the domestic inquiry.

M/S Mtr Foods Pvt. Ltd., Vs Sri. Yogesh S K — Service and Employment | Karnataka HC (2023)

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1 - NC: 2023:KHC:42607 WP No. 26259 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.26259 OF 2023 (L-RES)

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BETWEEN:

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M/S. MTR FOODS PVT LTD., A COMPANY INCORPORATED UNDER COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT: NO.1, 2^ND AND 3^RD FLOOR, 100 FT, INNER RING ROAD, EJIPURA, ASHWINI LAYOUT, VIVEKANAGAR SO, BENGALURU - 560 047, REPRSENTED BY ITS DIRECTOR - HR AND ADMIN, MR. MILAN CHATTARAJ. …PETITIONER (BY SRI.POORNACHANDRA B.PATTAR., ADVOCATE)

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AND:

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Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA

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SRI. YOGESH S.K., MAJOR IN AGE, S/O SRI KARIYAPPA, DISCHARGED WORKMAN, R/AT NO.81, ADISONAHATTI ROAD, JAI BHEEMANAGARA, VAKILA EXTENSION, NEAR MARASARU, ANEKAL, BENGALURU - 562 106.

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…RESPONDENT

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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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NC: 2023:KHC:42607 WP No. 26259 of 2023

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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.Poornachandra B.Pattar., learned counsel for the petitioner has appeared in person.

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The Captioned Writ Petition is field to issue a Writ of Certiorari to quash the order dated:04.10.2023 passed by the II Additional Labour Court, Bengaluru in I.D.No.06/2019 vide Annexure-A.

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Learned counsel for the petitioner has urged several contentions. Heard, the contentions urged on behalf of the petitioner and perused the Writ papers with utmost care.

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Suffice it to note that the petitioner has questioned the order passed by the Labour Court on preliminary issue regarding fairness of the domestic inquiry. The Labour Court has held that the domestic inquiry conducted by the Management is not fair and proper.

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The issue relates to the interference of this Court under Article 226 of the Constitution of India, in so far as the finding recorded by the Labour Court on preliminary issue. The

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NC: 2023:KHC:42607 WP No. 26259 of 2023

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Hon'ble Apex Court in D.P.MAHESHWARI V/S. DELHI ADMINISTRATION AND OTHERS in reported in (1983) 4 SCC 293 has held that High Court is not required to be astute to interfere with the exercise of jurisdiction by Special Tribunals at interlocutory stages and on preliminary issue.

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Hence, I decline to exercise power under Article 226 of Constitution of India to interfere with the order passed on preliminary issue. Accordingly, the Writ Petition is dismissed.

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Sd/JUDGE

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MRP List No.: 1 Sl No.: 8

M/S Mtr Foods Pvt. Ltd., v. Sri. Yogesh S K

Case brief

What is this about?

What did the court decide?

M/S Mtr Foods Pvt. Ltd., v. Sri. Yogesh S K

Case brief

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