Dismissed

National Institute of Rock Mechanics v. Assistant Commissioner and Executive Magistrate

Karnataka HC27 Jun 2024WA/2849/2018

Case brief

AI extract

What is this about?

The appellant institute challenged an order directing investigation into allegations of manual scavengening and providing alternative jobs to laborers. The Division Bench found the Single Judge's observation that the investigation would be conducted independently and without bias sufficient, and dismissed the appeal.

What the court decided

AI extract

National Institute of Rock Mechanics Vs… — Labour and Industrial Disputes | Karnataka HC (2024)

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NC: 2024:KHC:24130-DB WA No. 2849 of 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 27^TH DAY OF JUNE, 2024

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PRESENT

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THE HON'BLE MR JUSTICE V KAMESWAR RAO

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AND

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THE HON'BLE MR JUSTICE C M JOSHI

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WRIT APPEAL NO. 2849 OF 2018 (GM-RES)

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BETWEEN:

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NATIONAL INSTITUTE OF ROCK MECHANICS, A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960, AN AUTONOMOUS INSTITUTE UNDER THE ADMINISTRATIVE CONTROL OF MINISTRY OF MINES, GOVERNMENT OF INDIA, OUTER RING ROAD ESHWAR NAGAR, BANASHANKARI 2^ND STAGE, BENGALURU - 560 070,

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REPRESENTED BY ITS SCIENTIST -III & C.O.A, SANDEEP NELLIAT.

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Digitally signed by K G RENUKAMBA Location: High Court of Karnataka

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(BY SRI. KUMAR M.N., ADVOCATE)

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AND:

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…APPELLANT

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ASSISTANT COMMISSIONER AND EXECUTIVE MAGISTRATE, KOLAR SUB-DIVISION, AT KOLAR, KOLAR DISTRICT – 563 101.

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CITY MUNICIPAL COUNCIL ROBERTSONPET, ROBERTSONPET, KOLAR GOLD FIELDS – 563 122.

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REPRESENTED BY ITS COMMISSIONER

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2 - NC: 2024:KHC:24130-DB WA No. 2849 of 2018

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KARNATAKA GENERAL LABOUR UNION, NO.16/7, MUNIKADIRAPPA LAYOUT, GRAPHITE INDIA ROAD, HOODY, BENGALURU – 560 048,

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REPRESENTED BY STATE GENERAL SECRETARY.

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EX-SERVICES ASSOCIATION, KOLAR DISTRICT, BEML NAGAR POST, KOLAR GOLD FIELDS – 563 115,

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REPRESENTED BY ITS SECRETARY.

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MR. B.RAMESH BABU, SON OF B.SHYAM, AGED ABOUT 52 YEARS, RESIDING AT NEAR BOMBAY CAMP, OORGAUM POST, K.G.F – 563 120.

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MR. LAKSHMAIAH, SON OF CHINNA DANIEL, AGED ABOUT 55 YEARS, RESIDING AT BAND LINE, OORGAUM POST, K.G.F – 563 120.

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MR.MOHAN, SON OF KALIYAPPA, AGED ABOUT 47 YEARS, RESIDING NEAR MARIKUPPAM RAILWAY STATION, MARIKUPPAM – 563 119.

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MR. PURANCHNADRA DAS, SON OF CHINNADORAI, AGED ABOUT 47 YEARS, RESIDING AT NEAR NEW MODEL HOUSE, OORGAUM POST, K.G.F -563 120.

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NC: 2024:KHC:24130-DB WA No. 2849 of 2018

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…RESPONDENTS

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(BY SRI. B.J.ESHWARAPPA, AGA FOR R1; SRI. AKERSH B.R. AND SMT. VEENA KUMARI M., ADVS FOR R2; MS. MAITREYI KRISHNA., ADV FOR R3 TO R8; SRI. PATTABI RAMAN C., ADV FOR R4; SRI. CLIFTON D.ROZARIO., ADV FOR R5 TO R8)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 R/W RULE 27 OF THE WRIT PROCEEDINGS RULES, 1977 PRAYING TO SET ASIDE FINAL ORDER AND JUDGEMENT DATED 17/07/2017 PASSED BY LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION NO.25568/2017 [GM-RES], IN ITS ENTIRETY AND ETC.,

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THIS APPEAL COMING ON FOR FINAL HEARING, THIS DAY, V KAMESWAR RAO J., DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal has been filed by the appellant-Institute challenging the order dated 17.07.2017 passed in W.P.No.25568/2017 (GM-RES). It is a matter of record that pursuant to a complaint filed by respondent No.3 i.e., Karnataka General Labour Union before Karnataka State Commission for Safai Karmacharis, certain enquires were held which resulted in the report dated 09.06.2017, wherein the Commission has interalia stated as under:

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4 - NC: 2024:KHC:24130-DB WA No. 2849 of 2018

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"XX XX XX

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Hearing the statements of complainants and opponent lodge a complaint at the case is disposed directing to the jurisdictional police under section 5, 9 of MS Act (1) j of prevention of 1989 and also as per the IPC sections and shall mact 1999 at Assistant Commissioner Court and also to enquiry the Assistant Commissioner Kolar to take necessary steps to give alternative jobs rehabbing the labours as per the section 13 of MS Act. And if these three labours persist any harassment at any point of time shall make appeal before the Commissioner and Assistant Commissioner has to make enquiry and also shall provide proper security to the labours. NIRM, Being a Institution Under Government of India herein after shall adopt all safety measures during the course of cleaning as per the rules of the MS Act 2013."

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The submission of the learned counsel for the

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appellant is that the appellant is not carrying out any manual scavenging and hence, any observation of the Commission is uncalled for.

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We are not impressed by the submission made by

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learned counsel for the appellant for the simple reason that learned Single Judge while dismissing the petition, in paragraph No.52, has stated as under:

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"52. Thus not finding any acceptability in any of the arguments raised on behalf of the petitioner, I dismiss this petition. However it is made clear that

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5 - NC: 2024:KHC:24130-DB WA No. 2849 of 2018

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the dismissal of this petition would not come in the way of the petitioner giving its version before the investigating officer. I have no reason to disbelieve that the investigating officer will investigate, form an opinion independently and file the report thereon without any bias and prejudice. No order as to costs."

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The aforesaid observation of the learned Single Judge is very clear that if any investigation that needs to be carried out, shall be carried out by the Investigating Officer independently and file a report thereon without any bias and prejudice. In view of such observation, we are not inclined to entertain the present appeal.

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The appeal is dismissed .

Sd/JUDGE

Sd/JUDGE

List No.: 1 Sl No.: 29

National Institute of Rock Mechanics v. Assistant Commissioner and Executive Magistrate

Case brief

What is this about?

What the court decided

National Institute of Rock Mechanics v. Assistant Commissioner and Executive Magistrate

Case brief

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What the court decided

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