Karnataka High Court
The Divisional Controller N.E.K.R.T.C ... vs Govind on 2 July, 2024
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NC: 2024:KHC-K:4488-DB
WA No. 200081 of 2022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT APPEAL NO. 200081 OF 2022 (L-KSRTC)
BETWEEN:
1. THE DIVISIONAL CONTROLLER
N.E.K.R.T.C, VIJAYAPURA DIVISION,
VIJAYAPURA.
2. THE DIVISIONAL CONTROLLER
N.E.K.R.T.C, KALABURAGI DIVISION NO.1
KALABURAGI.
REPRESENTED BY CHIEF LAW OFFICER.
...APPELLANTS
(BY SRI. DEEPAK V. BARAD, ADVOCATE)
AND:
Digitally signed by
BASALINGAPPA
GOVIND S/O ANNAPPA RATHOD,
SHIVARAJ
DHUTTARGAON
AGE: 51 YEARS, OCC.NIL,
Location: HIGH R/O KOUJALAGIN TANDA,
COURT OF
KARNATAKA WARD NO.35, VIJAYAPURA- 586 101.
...RESPONDENT
(NOTICE TO RESPONDENT SERVED)
THIS WRIT APPEAL IS FILED U/S. 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED
08.02.2022 PASSED BY THE LEARNED SINGLE JUDGE IN WP
NO.201617/2021, CONSEQUENTLY BE PLEASED TO ALLOW THE
WRIT PETITION FILED BY THE APPELLANT HEREIN.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY
ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:4488-DB
WA No. 200081 of 2022
JUDGMENT
This writ appeal is filed challenging the order dated 08.02.2022 passed in W.P.No.201617/2021 by the learned Single Judge. The writ petition filed by the petitioners is held to be under Article 227 of the Constitution of India, and Co-ordinate bench of this Court in the case of Management of Bharat Fritz Werner Ltd., Bangalore Vs. Bharat Fritz Werner Karmika Sangha Bangalore, reported in AIR Online 2022 KAR 4396, held that the intra Court appeal is not maintainable against the order passed by the learned Single Judge being a challenge to the judicial order of the Labour Court. The co-ordinate Bench of this Court referring the order passed in Management of Bharat Fritz Werner Ltd. (supra) in W.A.No.100230/2023, disposed of on 12.04.2023, held that the intra Court appeal is not maintainable. The appellant, in the said writ appeal aggrieved by the order dated 12.04.2023, preferred Special Leave Petition before the Hon'ble Apex Court in SLP (Civil) Diary -3- NC: 2024:KHC-K:4488-DB WA No. 200081 of 2022 Nos.32290/2023. The Hon'ble Apex Court vide order dated 15.03.2024 dismissed the Special Leave Petition and observed as under:
"We see no infirmity with the view taken by the Division Bench of the High Court in the impugned orders. The special leave petitions are accordingly dismissed."
2. In view of the law laid down in the case of Management of Bharat Fritz Werner Ltd. Bangalore, the intra Court appeal filed by the appellant is not maintainable. Accordingly, writ appeal is dismissed as not maintainable.
3. In view of the disposal of appeal, IA.Nos.1/2022 and 2/2022 do not survive for consideration. Accordingly, same stand disposed of.
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JUDGE Sd/-
JUDGE MSR List No.: 2 Sl No.: 5 CT:BN