Allowed

Bata India Limited v. President

Karnataka HC2 Mar 2023WP/786/2023

Case brief

AI extract

What is this about?

The High Court allowed this writ petition filed under Articles 226 and 227 of the Constitution. The court set aside the Industrial Tribunal's order rejecting an application for recall and granted the petitioner another opportunity to appear for cross-examination to secure the ends of justice.

What did the court decide?

Writ petition allowed; impugned order dated 11.10.2022 set aside; I.A. No. VI allowed; petitioner to appear on 07.03.2023.

Bata India Limited Vs President — Labour and Industrial Disputes | Karnataka HC (2023)

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WP No. 786 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 2^ND 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. 786 OF 2023 (L-RES)

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BETWEEN:

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BATA INDIA LIMITED

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A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956, HAVING ITS REGISTERED OFFICE AT NO.6A, S.N. BANERJEE ROAD KOLAKATA AND A FACTORY AT 474, 475 AND 476, PEENYA INDUSTRIAL AREA 4^TH PHASE, BENGALURU - 560 058 RERPESENTED HEREIN BY ITS ASISTANT VICE PRESIDENT MANUFACTURING, SOUTHCAN SRI RAJEEV SINGH

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… PETITIONER

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(BY SRI. PRADEEP S SAWKAR, ADVOCATE)

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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AND:

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PRESIDENT BATA EMPLOYEES ASSOCIATION NO.813, MAHESWARAMMA TEMPLE ROAD, DEVANNA COLONY T. DASARAHALLI BANGALORE - 560 057

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… RESPONDENT

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(BY SRI. K.S. SUBRAMANYA, ADVOCATE FOR C/R)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD 11.10.2022 ANNEXURE-B PASSED BY THE PRESIDING OFFICER, INDUSTRIAL TRIBUNAL, BENGALURU IN I.D.NO.278/2011 AND ETC.

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WP No. 786 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 order dated 11.10.2022 passed by the Industrial Tribunal, Bangalore, in Industrial Dispute No. 278/2011 rejecting I.A.VI filed by the petitioner to recall the order dated 01.09.2021 by which cross-examination of M.W.1 was taken as nil, is challenged in this writ petition.

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Heard the learned counsel for the parties.

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Though sufficient opportunity was provided to the petitioner to present himself for cross-examination, the petitioner without any sufficient cause has not chosen to present himself to the cross-examination. If the petitioner is not permitted to be subjected to cross-examination, he could be deprived of his right to prove his case. So as to secure ends of justice, it would be appropriate, if one more opportunity is granted to the petitioner. Accordingly, I pass the following:

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ORDER

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Writ petition is allowed. The impugned order dated 11.10.2022 passed by the Industrial Tribunal, Bangalore, in Industrial Dispute No. 278/2011 is hereby set aside and consequently, I.A.No. VI is allowed.

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Petitioner to be present before the Industrial Tribunal on the next date of hearing i.e., 07.03.2023 and in the event, M.W.1 does not present himself for cross-examination, Industrial Tribunal to proceed in accordance with law.

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WP No. 786 of 2023

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The Industrial Tribunal is requested to conclude the proceedings within three months from the next date of hearing.

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Petitioner to pay a sum of Rs.10,000/- as cost to the respondent on or before the next date of hearing.

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Sd/JUDGE

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Bata India Limited v. President

Case brief

What is this about?

What did the court decide?

Bata India Limited v. President

Case brief

What is this about?

What did the court decide?

What the court decided

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