Karnataka High Court
Siddaram S/O Annappa Chincholi vs The Divisional Controller Nekrtc And ... on 27 June, 2024
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NC: 2024:KHC-K:4375-DB
WA No.200070 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 27TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT APPEAL NO.200070 OF 2023 (L-KSRTC)
BETWEEN:
SIDDARAM S/O ANNAPPA CHINCHOLI,
AGE: 58 YEARS,
OCC: TRAFFIC CONTROLLER,
R/O: M.I.NO.58, ADARSH NAGAR,
VIJAYAPUR - 586 101.
...APPELLANT
(BY SRI NITESH PADIYAL, ADVOCATE)
AND:
Digitally signed by 1. THE DIVISIONAL CONTROLLER,
BASALINGAPPA
SHIVARAJ N.E.K.R.T.C., VIJAYAPURA DIVISION,
DHUTTARGAON
Location: HIGH ATHANI ROAD, VIJAYAPUR - 586 101.
COURT OF
KARNATAKA
2. THE DIVISIONAL CONTROLLER,
K.S.R.T.C. CENTRAL OFFICE,
SHANTI NAGAR, BENGALURU - 01.
3. THE DIVISIONAL CONTROLLER,
K.S.R.T.C. MYSORE DIVISION,
MYSORE - 570 002.
...RESPONDENTS
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NC: 2024:KHC-K:4375-DB
WA No.200070 of 2023
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE APPEAL
FILED BY APPELLANT BY SETTING ASIDE THE ORDER OF LEARNED
SINGLE JUDGE, PASSED IN W.P.NO.201854/2021 DATED 23.02.2022
IN THE INTEREST OF JUSTICE.
THIS WRIT APPEAL COMING ON FOR ORDERS, THIS DAY,
ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:
JUDGMENT
This writ appeal is filed challenging the order dated 23.02.2022 passed in W.P.No.201854/2021 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 -3- NC: 2024:KHC-K:4375-DB WA No.200070 of 2023 aggrieved by the order dated 12.04.2023, preferred Special Leave Petition before the Hon'ble Apex Court in SLP (Civil) Diary 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, pending I.As., if any, stand disposed of.
Sd/-
JUDGE Sd/-
JUDGE NB List No.: 1 Sl No.: 13 Ct: VK