Malakajappa S Dhari vs The Management M/S Toyota ...
2022 Latest Caselaw 12213 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

   DATED THIS THE 28TH DAY OF SEPTEMBER, 2022

                     PRESENT

THE HON'BLE MR. ALOK ARADHE, ACTING CHIEF JUSTICE

                       AND

  THE HON'BLE MR. JUSTICE S. VISHWAJITH SHETTY

        WRIT APPEAL NO.499 OF 2022 (L-RES)


BETWEEN:

MALAKAJAPPA S. DHARI
AGED ABOUT 43 YEARS
S/O SIDDARAMAPPA
NO.123, 1ST MAIN ROAD
2ND CROSS, K K LAYOUT
MALLATHAHALLI
NEAR AMBEDKAR COLLEGE
BENGALURU-560 072


NOW CAMPED AT

MALAKAJAPPA S. DHARI
AGED ABOUT 43 YEARS
S/O SIDDARAMAPPA
NO.45, 3RD CROSS
11TH MAIN, MALLATHAHALLI
NAGARABHAVI
BENGALURU-560 056
                                      ...APPELLANT

(BY SRI ANANTHARAM T S, ADVOCATE)
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AND:

THE MANAGEMENT
M/S. TOYOTA KIRLOSKAR
AUTO PARTS PVT. LTD.
PLOT NO.21, ABBANNAKUPPE
BIDADI INDUSTRIAL AREA
BIDADI
RAMANAGARA DISTRICT-562 109
REPRESENTED BY ITS
GENERAL MANAGER
                                            ... RESPONDENT

(BY SRI SOMASHEKAR, ADVOCATE)


       THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF

THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET

ASIDE    THE    ORDERS     DATED      09.02.2022/25.05.2022

PASSED     BY   THE      LEARNED      SINGLE     JUDGE   IN

W.P.NO.20570/2021 CONSEQUENTLY GRANTING RELIEF

TO THE APPELLANT WORKMAN UNDER SECTION 17B OF

THE     INDUSTRIAL      DISPUTES     ACT    BY    ALLOWING

I.A.NO.1/2021   FILED    BY   THE    APPELLANT    WORKMAN

BEFORE THE LEARNED SINGLE JUDGE SEEKING INTERIM

RELIEF   UNDER    SECTION      17B   OF    THE   INDUSTRIAL

DISPUTES ACT.

       THIS WRIT APPEAL COMING ON FOR PRELIMINARY

HEARING THROUGH VIDEO CONFERENCING THIS DAY,

ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
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                    JUDGMENT

This intra Court appeal arises from the orders

dated 09.02.2022/25.05.2022 passed by the learned

Single Judge by which, the application filed by the

appellant under Section 17B of the Industrial

Disputes Act, 1947 (hereinafter referred to as 'the

Act' for short) has been dismissed inter alia on the

ground that the provisions of Section 17B of the Act

do not apply in a proceeding which arises out of an

order passed under Section 33(2)(b) of the Act.

2. We have heard learned counsel for the

parties. The aforesaid issue has already been

answered by this Court in the judgment dated

02.09.2022 passed in W.A.No.1074/2021 and it has

been held that the provisions of Section 17B of the

Act are applicable in a proceeding which arises from

an order passed under Section 33(2)(b) of the Act.

3. For the reasons assigned in the aforesaid

judgment, the orders dated 09.02.2022/25.05.2022

are set aside. The application filed by the appellant

under Section 17B of the Act is allowed.

In the result, the appeal is allowed.

The pending interlocutory application does not

survive for consideration and is accordingly disposed

of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

bkv