Allowed
Vbhc Value Homes Pvt. Ltd., v. the Assistant Labour Commissioner (Administration)
Karnataka HCWP/14158/2019
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2024:KHC:25788 WP No. 14158 of 2019 IN THE…
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2024:KHC:25788 WP No. 14158 of 2019 IN THE…
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NC: 2024:KHC:25788 WP No. 14158 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 14158 OF 2019 (L-RES)
BETWEEN:
VBHC VALUE HOMES PVT. LTD., VBHC HOUSE, NO.74 & 75, MILLERS ROAD, VASANTHNAGAR, BENGALURU-560 052. REPRESENTED BY MS.MAMATHA NAGESH.
…PETITIONER
(BY SRI. DHYAN CHINNAPPA., SENIOR ADVOCATE FOR SRI. SHUJATH AHMED., ADVOCATE)
AND:
Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka
(BY SMT. AMARAVATHY.H.R., AGA FOR R1; SMT. SHALINI.P., ADVOCATE FOR SRI. S.H.PRASHANTH., ADVOCATE FOR R2; SRI. JOSHUA.H.SAMUEL., ADVOCATE FOR R3)
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 PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.Dhyan Chinnappa., learned Senior Counsel on behalf of Sri.Shujath Ahmed., for the petitioner, Smt.Amaravathy.H.R., learned AGA for respondent No.1 and Smt.Shalini.P., learned counsel on behalf of Sri.S.H.Prashanth., for respondent No.2 have appeared in person.
Sri.Joshua H.Samuel., learned counsel for respondent No.3 has appeared through video conferencing.
behalf of the respective parties and pursued the Writ papers with utmost care.
Rs.70,00,000/- (Rupees Seventy Lakhs only) to Ms.Dipashri Mistry.
Learned Senior Counsel Sri.Dhyan Chinnappa in presenting his arguments strenuously urged that the order of the Labor Commissioner is without jurisdiction. He argued by saying that the direction to pay a lump sum of Rs.70,00,000/(Rupees Seventy Lakhs only) has no nexus with the allegations.
Counsel Smt.Shalini.P., submits that the Internal Complaints Committee has not been formed as per the Statute. She argued by saying that the complainant Ms.Dipashri Mistry had sought an apology from Mr.Ravi Ramu, but the request has not been taken by the Management. She justified the order passed by the Labour Commissioner. Learned AGA submits that an appropriate order may be passed.
employment and directs the management to pay a lump sum of Rs.70,00,000/- (Rupees Seventy Lakhs only) to Ms.Dipashri Mistry. This is erroneous. The reason is apparent. Despite call letters, Ms.Dipashri Mistry did not report to duty. She remained unauthorizedly absent. Furthermore, the issue is related only
to the alleged sexual harassment, and the same was not proved. Therefore, the Labor Commissioner has no power to pass any order regarding the payment of the amount. Hence, the direction to pay the amount is without jurisdiction. I may venture to say that the Commissioner has failed to have regard to relevant considerations and disregarded relevant matters. In my considered opinion, the order is unsustainable in law. Therefore, the order is liable to be set aside. Accordingly, it is set aside.
7. The Writ of Certiorari is ordered. The order
dated:28.02.2019 passed by the first respondent in ªÉÄîä£À«
¸ÀASÉå:J¸ï.M.J/¯ÉÊ.Q/¹Dgï-02/2017-18 vide Annexure-A is quashed.
8. Resultantly, the Writ Petition is allowed .
NC: 2024:KHC:25788 WP No. 14158 of 2019
Because of the disposal of the Writ Petition, the pending
interlocutory applications if any are disposed of.
Sd/JUDGE
MRP List No.: 1 Sl No.: 19
1 issue framed by the court
Whether the Labour Commissioner had jurisdiction to award a lump sum compensation despite the Internal Complaints Committee finding no sexual harassment?
1 provisions across 1 enactments
VBHC Value Homes Pvt. Ltd.
The Assistant Labour Commissioner (Administration) and Appellate Authority
Ms. Dipashri Mistry
Mr. Ravi Ramu
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court