A writ petition challenging an interim order of the CGIT was disposed of as infructuous due to a subsequent final order. The court kept all contentions open for adjudication in a connected writ petition.
Writ petition disposed of keeping open all contentions to be urged in W.P.No.7930/2021.
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.
NC: 2024:KHC:47277-DB WP No. 31751 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2024 PRESENT
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
AND
THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 31751 OF 2017 (L-RES)
BETWEEN:
BANK OF INDIA, A BODY CONSTITUTED UNDER THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKING) ACT 1970, ZONAL OFFICE (KARNATAKA ZONE) AT NO.11, K.G.ROAD, BENGALURU-560 009. REPRESENTED BY ITS ZONAL MANAGER, S.ESWARAPPA
…PETITIONER
(BY SRI. KASHIF., ADVOCATE FOR SRI. PRADEEP S. SAWKAR.,ADVOCATE)
AND:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
SMT. C. NAGAVENI, W/O SHRI.M.SHIVANNA, AGED ABOUT 57 YEARS, RESIDING AT NO.34, SHIVAKRUPA, ANANDA LAYOUT, KODIGEHALLI, BANGALORE-560 092.
…RESPONDENT
(BY SRI. NARAYANA SWAMY K B.,ADVOCATE FOR C/R)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER DTD 7.4.2017 PASSED BY THE CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT BENGALURU ON INTERLOCUTORY APPLICATION IN C.R.NO.3/2011[ANNEXURE-M] AND DISMISS THE INTERLOCUTORY APLICATION SEEKING INTERIM RELIEF.
NC: 2024:KHC:47277-DB WP No. 31751 of 2017
THIS WRIT PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE KRISHNA S DIXIT and
HON'BLE MR JUSTICE C M JOSHI
ORAL ORDER
(PER: HON'BLE MR JUSTICE KRISHNA S DIXIT)
This Writ Petition arising from the interim order of
the CGIT, has become infructuous because of passing final order dated 22.01.2021 which eventually is put in challenge in W.P.No.7930/2021. Both the sides fairly agree with this proposition.
In view of the above, this Petition is disposed off keeping open all contentions to be urged in W.P.No.7930/2021.
Sd/(KRISHNA S DIXIT) JUDGE
Sd/(C M JOSHI) JUDGE
Bsv
3 issues framed by the court
Whether the writ petition challenging the interim order of the Central Government Industrial Tribunal has become infructuous in light of the final judgment.
Whether the writ petition should be disposed of while keeping the contentions for future adjudication in connected writ petition.
Whether the order passed by the Central Government Industrial Tribunal in C.R.No.3/2011 requires interim relief.
2 provisions across 2 enactments
BANK OF INDIA
SMT. C. NAGAVENI
KRISHNA S DIXIT
C M JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
