Dismissed

The Canara Port Workers Union v. Government of India

Karnataka HC24 Sept 2024WP/792/2021

Case brief

AI extract

What is this about?

Writ petitions challenging a communication dated 07.12.2020 and an official memorandum dated 14.12.2020 relating to grant of dearness allowance were dismissed as infructuous, since the respondents produced documents showing the petitioners had been granted dearness allowance and counsel for petitioners conceded the reliefs had been granted. The order decides nothing of general application.

What the court decided

AI extract

The Canara Port Workers Union Vs… — Pension and Retirement Benefits | Karnataka HC (2024)

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1 - NC: 2024:KHC:39780 WP No. 792 of 2021 C/W WP No. 855 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE R. NATARAJ WRIT PETITION NO. 792 OF 2021 (S-RES) C/W WRIT PETITION NO. 855 OF 2021 (S-RES)

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IN W.P. NO.792/2021:

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BETWEEN:

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THE CANARA PORT WORKERS' UNION (AFFILIATED IN INDIAN NATIONAL PORT AND DOCK WORKERS FEDERATION) REGD OFFICE Q C LABORATORY BUILDING, PANAMBUR, NEW MANGALORE-575010, BY ITS GENERAL SECRETARY.

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…PETITIONER

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(BY SRI NAIK V S, ADVOCATE)

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AND:

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Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA

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GOVERNMENT OF INDIA, MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES, DEPARTMENT OF PUBLIC ENTERPRISES, PUBLIC ENTERPRISES BHAWAN, BLOCK NO.14, CGO COMPLEX, LODHI ROAD, NEW DELHI-110003, REP BY ITS SECRETARY.

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GOVERNMENT OF INDIA, MINISTRY OF PORTS, SHIPPING AND WATERWAYS, NO.1, PARLIAMENT STREET, NEW DELHI-110001, REP BY ITS SECRETARY.

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THE CHAIRMAN, NEW MANGALORE PORT TRUST, PANAMBUR POST, MANGALORE-575010.

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NC: 2024:KHC:39780 WP No. 792 of 2021 C/W WP No. 855 of 2021

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THE FINANCIAL AND CHIEF ACCOUNTS OFFICER NEW MANGALORE PORT TRUST, PANAMBUR POST, MANGALORE-575010.

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…RESPONDENTS

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(BY SRI H MALLANGOUDA, ADVOCATE FOR R1 & R2;

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SRI SUBRAMANYA R, ADV. FOR R3 AND R4 (VK FILED FOR R4 ONLY))

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR RECORDS FROM THE RESPONDENTS. QUASH THE IMPUGNED COMMUNICATION DATED 07.12.2020 ISSUED BY THE R-2 AND THE OFFICIAL MEMORANDUM DATED 14.12.2020 ISSUED BY THE R-4, THE TRUE COPIES OF WHICH ARE PRODUCED AND MARKED AS ANNEXURE-B AND D RESPECTIVELY SINCE THE SAME ARE UNJUST, ARBITRARY AND ILLEGAL.

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IN W.P. NO. 855/2021:

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BETWEEN:

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NEW MANGALORE PORT STAFF ASSOCIATION, NAR NMPT. ADMN. OFFICE, PANAMBUR POST, MANGALORE-575 010, BY ITS GENERAL SECRETARY.

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THE NMP PENSIONERS WELFARE ASSOCIATION, QC BUILDING, NEAR PORT HOSPITAL, NMPT PANAMBUR POST, MANGALORE-575 010, REPRESNTED BY ITS PRESIDENT.

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…PETITIONERS

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(BY SRI NAIK V S, ADVOCATE)

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AND:

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GOVERNMENT OF INDIA, MINISTRY OF HEAVY INDUSTRIES AND PUBLIC ENTERPRISES,

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3 - NC: 2024:KHC:39780 WP No. 792 of 2021 C/W WP No. 855 of 2021

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DEPARTMENT OF PUBLIC ENTERPRISES PUBLIC ENTERPRISES BHAWAN, BLOCK NO.14, CGO COMPLEX, LODHI ROAD, NEW DELHI-110 003, REP. BY ITS SECRETARY.

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GOVERNMENT OF INDIA, MINISTRY OF PORTS, SHIPPING AND WATERWAYS, NO.1, PARLIAMENT STREET, NEW DELHI-110 001, REP. BY ITS SECRETARY.

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THE CHAIRMAN, NEW MANGALORE PORT TRUST, PANAMBUR POST, MANGALORE-575 010.

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THE FINANCIAL AND CHIEF ACCOUNTS OFFICER, NEW MANGALORE PORT TRUST, PANAMBUR POST, MANGALORE-575 010.

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…RESPONDENTS

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(BY SRI MALLANGOUDA H, ADVOCATE FOR R1 AND R2;

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SRI SUBRAMANYA R, ADV. FOR SRI ASHOK HARANAHALLI AND ASSTS. FOR R3 & R4 (VK NOT FILED))

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED COMMUNICATION DATED 07.12.2020 ISSUED BY THE R- 2 AND THE OFFICIAL MEMORANDUM DATED 14.12.2020 ISSUED BY THE R-4, THE TRUE COPIES OF WHICH ARE PRODUCED AND MARKED AS ANNEXURES-B AND D RESPECTIVELY SINCE THE SAME ARE UNJUST, ARBITRARY AND ILLEGAL AND ETC.

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THESE PETITIONS COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE R. NATARAJ

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4 - NC: 2024:KHC:39780 WP No. 792 of 2021 C/W WP No. 855 of 2021

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ORAL ORDER

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Learned counsel for respondent Nos.3 and 4 have filed a memo along with certain documents which indicate that the petitioners in both these petitions have been granted dearness allowance. It is submitted by the learned counsel for respondent Nos.3 and 4 that in view of the order granting dearness allowances to the petitioners, these writ petitions become infructuous.

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Learned counsel for the petitioners submits that the

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petitioners are indeed granted the reliefs and therefore, these writ petitions do not survive for consideration.

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In that view of the matter, both these writ petitions

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are dismissed as having become infructuous.

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Sd/(R. NATARAJ) JUDGE

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THM

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List No.: 1 Sl No.: 0

The Canara Port Workers Union v. Government of India

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The Canara Port Workers Union v. Government of India

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