Petitioner Union challenged alleged contract labour violations. Court disposed of this writ petition as infructuous because the Assistant Labour Commissioner passed an order on 27.10.2022 finding no violation during the petition's pendency.
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NC: 2023:KHC:46258 WP No. 6171 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO.6171 OF 2022 (L-RES)
BETWEEN:
THE TOYOTA KIRLOSKAR MOTOR EMPLOYEES UNION, REGD. OFFICE PLOT NO.1, BIDADI INDUSTRIAL AREA, RAMANAGAR DISTRICT - 562 109. REPRESENTED BY ITS PRESIDENT.
…PETITIONER
(BY SRI. V.R.DATAR., ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
NC: 2023:KHC:46258 WP No. 6171 of 2022
PLOT NO.1, BIDADI INDUSTRIAL AREA, BIDADI, RAMANAGARA - 562 109. REPRESENTED BY ITS MANAGING DIRECTOR.
…RESPONDENTS
(BY SMT.RASHMI PATEL., HCGP FOR R1 TO R3; SMT. ROOPASRI., ADVOCATE FOR SRI. SOMASHEKAR., ADVOCATE FOR S.N.MURTHY ASSOCIATES FOR R4; SRI.M.D.RANGASWAMY., ADVOCATE FOR R5 AND R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.V.R.Datar., learned counsel for the petitioner, Smt.Rashmi Patel., learned HCGP for respondents 1 to 3,
Smt.Roopasri., learned counsel on behalf of Sri.Somashekar.,
for respondent No.4 and Sri.M.D.Rangaswamy., learned counsel for respondents 5 and 6 have appeared in person.
memo has been filed stating that during the pendency of the Writ Petition, the Assistant Labour Commissioner - third
respondent has considered the complaint of the Union and passed the order on 27.10.2022 holding that there is no violation of the provisions of Contract Labour (Regulation and Abolition) Act, 1970. Hence, learned counsel submits that nothing survives for consideration in the Writ Petition, therefore, the Writ Petition may be disposed of as having become infructuous.
The oral submission made by learned counsel
Smt.Roopasri., is noted.
Memo is placed on record. A perusal of the same would reveal that during the pendency of the captioned Writ Petition, the Assistant Labour Commissioner - third respondent has considered the complaint of the Union and passed the order on 27.10.2022. Hence, nothing survives for consideration in the Writ Petition at this juncture.
Sd/JUDGE
TKN List No.: 1 Sl No.: 29
1 provisions across 1 enactments
THE TOYOTA KIRLOSKAR MOTOR EMPLOYEES UNION
THE STATE OF KARNATAKA DEPARTMENT OF LABOUR
THE COMMISSIONER OF LABOUR
ASSISTANT LABOUR COMMISSIONER
M/S. TOYOTA KIRLOSKAR MOTORS PVT LTD.
M/S. NEEDS MANPOWER SUPPORT SERVICE
JYOTI MULIMANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
