The Managament Of Nwkrtc Hubballi ... vs Somalingappa S/O Ningappa ...
2022 Latest Caselaw 2560 Kant

          IN THE HIGH COURT OF KARNATAKA,
                   DHARWAD BENCH

       DATED THIS THE 16TH DAY OF FEBRUARY 2022

                       PRESENT

         THE HON'BLE MR. JUSTICE S.G. PANDIT
                         AND
   THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

           W.A. NO.100154/2021 (L- KSRTC)
BETWEEN:
THE MANAGEMENT OF
NWKRTC HUBBALLI DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER
HUBBALLI DIVISION, HUBBALLI
R/BY ITS CHIEF LAW OFFICER
CENTRAL OFFICE, GOKUL ROAD
HUBBALLI, DIST DHARWAD-580021.
                                       -       APPELLANT

(BY SRI PRASHANT S.HOSAMANI, ADVOCATE)

AND:

SOMALINGAPPA S/O NINGAPPA SURYAVANSHI
AGE: 59 YEARS, OCC: DRIVER
R/O AT AND POST: HEBBALLI
TQ AND DIST: DHARWAD-580021.

                                    -      RESPONDENT

     THIS WRIT APPEAL IS FILED U/SEC.4 OF THE
KARNATAKA HIGH COURT ACT-1961 PRAYING TO SET ASIDE
THE     ORDER    DATED     10.12.2018  PASSED   IN
W.P.NO.101972/2016 (L-KSRTC) BY THE LEARNED SINGLE
JUDGE OF THIS COURT.

    THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY,
ANANT RAMANATH HEGDE J., DELIVERED THE FOLLOWING:
                              2



                       JUDGMENT

This writ appeal is filed challenging the order dated

10.12.2018 passed in W.P.No.101972/2016 (L-KSRTC).

The said writ petition was filed challenging the order dated

17.12.2015 passed by the Prl. Labour Court, Hubballi in

terms of application No.68/2014. The said application was

filed by the present respondent, who is an employee of the

appellant corporation. The said application filed under

Section 33-C(2) of the Industrial Dispute Act, 1947, the

employee made a prayer for payment of Rs.13,14,491/-

towards arrears of salary.

2. Disputing the claim made by the present

respondent-applicant before the Labour Court, the

respondent corporation filed a memo of calculation stating

that the employee is entitled to only Rs.12,11,088/-.

Based on the memo of calculation filed by the respondent

corporation, the Labour Court allowed the application in

part and directed the respondent corporation to pay a sum

of Rs.12,11,088/-.

3. This order is called in question before the

learned Single Judge. Learned Single Judge taking note of

the fact that the Labour Court has passed an order based

on admission in writing, given by present appellant-

corporation, has dismissed the writ petition filed by the

present appellant-corporation. This Court does not find any

reason to interfere with the order passed by the learned

Single Judge as the respondent corporation cannot go back

on its admission given in writing.

Since there is no merit in the writ appeal, the

application for condonation of delay is rejected.

Accordingly, the writ appeal is dismissed.

Pending applications, if any, do not survive for

consideration and accordingly, they are disposed of.

SD/-

JUDGE

SD/-

JUDGE am