The Karnataka High Court unanimously dismissed a writ petition seeking certification to quash an interim order of the Labour Court that held a domestic inquiry fair. Citing D.P. Maheshwari, the Court declined to interfere at the preliminary stage.
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NC: 2023:KHC:42222 WP No. 7853 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO.7853 OF 2023 (L-RES)
BETWEEN:
THE MANAGEMENT OF M/S. BPREX PHARMA PACKAGING INDIA PVT. LTD., INCORPORATED UNDER COMPANIES INCORPORATION RULES, 2014, NO.485, 13TH CROSS, IV PHASE, PEENYA INDUSTRIAL AREA, BENGALURU -560 058, REPRESENTED BY JOSEPH EAPPACHAN, HEAD HR.
…PETITIONER
(BY SRI. Z.N.HANSI, ADVOCATE)
AND:
Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA
SRI B.SHIVAKUMAR NO.285/5, NELAGADARANAHALLI, OLD LAKE ROAD, NAGASANDRA POST, BENGALURU - 560 073. (BY SRI.RAGHUPATHI M.J., ADVOCATE)
…RESPONDENT
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Hansi Zulfiquar., learned counsel for the petitioner, Sri.Raghupathi.M.J., learned counsel for respondent have appeared in person.
NC: 2023:KHC:42222 WP No. 7853 of 2023
finding recorded by the Labour Court on preliminary issue. The 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.
Sd/JUDGE
MRP List No.: 1 Sl No.: 7
3 issues framed by the court
Whether the High Court can interfere under Article 226 on a preliminary issue regarding the fairness of a domestic inquiry.
Whether interference with the exercise of jurisdiction by a Special Tribunal at an interlocutory stage is warranted.
Whether to allow a writ petition seeking certiorari to quash a preliminary order of the Labour Court.
Colour shows how this judgement treated each authority
D.P. Maheshwari v/s. Delhi Administration and OthersReferred¶27
(1983) 4 SCC 293 · Who else cites this
Management of M/s. BPrex Pharma Packaging India Pvt. Ltd.
Sri B. Shiva Kumar
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
