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Umesha. H. C. v. the Additional Chief Secretary

Karnataka HC7 Mar 2023WP/5253/2023

Case brief

AI extract

What is this about?

The court directed the respondent, the Additional Chief Secretary, Department of Labour, to consider the petitioner's complaint filed under Section 31 of the Industrial Disputes Act, 1947, regarding dismissal during conciliation pending for protected workmen status, within four weeks.

What did the court decide?

Respondent directed to consider the complaint dated 25.10.2021 filed under Section 31 of the Industrial Disputes Act, 1947 within four weeks from receipt of this order.

Umesha. H. C. Vs the Additional Chief Secretary — Service and Employment | Karnataka HC (2023)

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WP No. 5253 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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WRIT PETITION NO. 5253 OF 2023 (L-RES)

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BETWEEN:

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UMESHA. H. C. S/O. SRI. CHANDRE GOWDA. H. T., AGED ABOUT 33 YEARS 4^TH CROSS, RAJA LAYOUT, NAGADEVANAHALLI, KENGERI SATELLITE TOWN, BENGALURU-560 056.

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… PETITIONER

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(BY SRI. NARAYANA SWAMY K B., ADVOCATE)

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AND:

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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THE ADDITIONAL CHIEF SECRETARY GOVERNMENT OF KARNATAKA, DEPARTMENT OF LABOUR, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001.

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… RESPONDENT

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(BY SRI.BHOJEGOWDA T. KOLLER, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION IN THE NATURE OF WRIT OF MANDAMUS TO THE RESPONDENT TO CONSIDER AND DISPOSE OF THE COMPLAINT DATED 25.10.2021 AS PRODUCED AT ANNEXURE-A FORTHWITH AND IN ACCORDANCE WITH LAW AND / OR TO PASS ANY OTHER ORDER AS DEEMED APPROPRIATE IN THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING IMPOSING EXEMPLARY COST ON THE RESPONDENT AND ETC.

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WP No. 5253 of 2023

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

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ORDER

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The Trade Union addressed a letter dated 06.04.2021 to the management, to grant the status of Protected Workmen to 35 Office-Bearers/Executive Committee Members for the period 2021-2022, and the petitioner was one among them. The Management granted status of Protected Workmen to only five Officers of the Union, against which the Trade Union raised a dispute before the Deputy Labour Commissioner, Region-1.

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During the pendency of the conciliation proceedings,

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the Management dismissed the petitioner from service.

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The petitioner filed a complaint under Section 31 of the Industrial Disputes Act, 1947, seeking authorization to prosecute the management for contravening the provision of Section 33 of the Industrial Disputes Act, 1947. The complaint having not been considered, the petitioner filed WP No.9644/2022 before this Court. This Court by order dated 30.05.2022 disposed of the writ petition directing the 1^st respondent therein to consider the complaint as expeditiously.

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WP No. 5253 of 2023

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Petitioner's grievance is that though an order is passed

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by this Court, the respondent has not considered the complaint till date.

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Learned AGA on instructions submits that the complaint submitted by the petitioner will be considered in accordance with law, if reasonable time is granted.

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Submission is placed on record.

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Therefore, it is expedient to dispose of the writ petition directing the respondent to consider the complaint dated 25.10.2021 submitted by the petitioner at Annexure-A within a period of four weeks from the date of receipt of certified copy of this order.

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Writ petition is disposed of.

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Sd/JUDGE

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Umesha. H. C. v. the Additional Chief Secretary

Case brief

What is this about?

What did the court decide?

Umesha. H. C. v. the Additional Chief Secretary

Case brief

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