The University appealed against an order upholding a Labour Court award reinstating its employees without back wages. Following coordinate-bench decisions holding writ appeals against such orders non-maintainable, upheld by the Supreme Court in SLP, the Division Bench dismissed the appeal as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JUNE, 2024 PRESENT
THE HON'BLE MR JUSTICE S G PANDIT
AND
THE HON'BLE MR JUSTICE G BASAVARAJA WRIT APPEAL NO.100091 OF 2024 (L-TER)
BETWEEN:
THE UNIVERSITY OF AGRICULTURAL SCIENCE, DHARWAD, R/BY IT’S REGISTRAR.
(BY SRI RAMACHANDRA A.MALI, ADVOCATE)
AND:
Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA
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HANUMANTAHAPPA BASAPPA SINCE DECEASED BY HIS LR’S.
ALL ARE R/BY THE PRESIDENT, KRISHI VISHWA VIDYALAYAD HANGAMI, NOWKARARA SANGHA, DHARWAD.
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING SET ASIDE THE ORDER DATED 24.01.2024 MADE IN W.P.NO.65783/2012 (L-TER) BY QUASHING THE IMPUGNED AWARD DATED 08.03.2012 MADE IN REF.NO.39/2010 PASSED BY THE LABOUR COURT HUBLI AS THE SAME BEING ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN LAW IN THE INTEREST OF JUSTICE AND EQUITY & ETC.
THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, S G PANDIT, J., DELIVERED THE FOLLOWING:
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JUDGMENT
Heard Sri Ramachandra A. Mali, learned counsel for the appellant and Sri Girish V. Bhat, learned counsel for caveators/ respondent nos.1 and 3.
objection with regard to maintainability of the writ appeal itself. Learned counsel would submit that a Co-ordinate bench of this Court in W.A. No. 497/2022 by judgment dated 29.06.2022 held that the said Writ Petition under Article 226 and 227 of the Constitution of India challenging the award passed by the Labour Court, the writ appeal or intra court appeal is not maintainable. Following the said decision, yet another coordinate bench of this Court in W.A. No. 100230/2023 by judgment dated 29.06.2022 declined to entertain the writ appeal against the order of the learned Single Judge arising from an award passed by the Labour Court. The decision in W.A. No. 100230/2023 was taken upto the Apex Court in SLP (Civil) Diary No. 32290/2023 and the Hon’ble Apex Court has held that no infirmity with the view taken by the Division Bench of this Court and dismissed the SLPs. In light of the above orders, learned counsel for caveators/respondents would pray for dismissal of the writ appeal.
maintainable.
In view of dismissal of the appeal, all pending IAs also stand disposed off.
Sd/JUDGE
Sd/JUDGE
BVV
List No.: 1 Sl No.: 10
1 issue framed by the court
Is a writ appeal maintainable against a Single Judge order declining to interfere under Articles 226/227 with a Labour Court award reinstating terminated workmen?
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
The University of Agricultural Science, Dharwad, R/B by its Registrar
Arjun Siddappa Santabanavar
Shivakumar Maleshappa Yammiyavar
Lakshman Yallappa Pujar
Nagappa Ramappa Tigadi
Basavaraj Chandrappa Danadamani
S G Pandit
G Basavaraja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
