The Divisional Controller Of ... vs Shri. Mahantesh S/O Mariyappa ...
2023 Latest Caselaw 2166 Kant

                                                          -1-
                                                                  WA No. 100224 of 2023




                               IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                                      DATED THIS THE 11TH DAY OF APRIL, 2023

                                                      PRESENT
                                         THE HON'BLE MR JUSTICE R.DEVDAS
                                                         AND
                                       THE HON'BLE MR JUSTICE RAJESH RAI K
                                     WRIT APPEAL NO. 100224 OF 2023 (L-KSRTC)

                              BETWEEN:


                                  THE DIVISIONAL CONTROLLER OF NWKRTC
                                  BELAGAVI DIVISION, REP.BY CENTRAL OFFICE,
                                  GOKUL ROAD,
                                  HUBLI 580030, REPRESENTED BY ITS CHEIF LAW
                                  OFFICER, TALUK HUBLI,
                                  DIST. DHARWAD.



                                                                               ...APPELLANT
                              (BY SRI. VEENA HEGDE, ADVOCATE)
           Digitally signed
           by
           MOHANKUMAR
           B SHELAR
MOHANKUMAR Location: High
           Court of
                              AND:
B SHELAR
           Karnataka,
           Dharwad
           Date:
           2023.04.12
           11:17:45 +0530
                                  SHRI. MAHANTESH S/O MARIYAPPA HADIMANI
                                  AGED ABOUT 55 YEARS,
                                  OCC. NILL, RES. #134/B,
                                  ANJANEYA NILAY, ANJANET NAGAR, AT POST,
                                  RAMADURGA DIST. BELAGAVI 591123.



                                                                             ...RESPONDENT
                              (SRI. RAVI HEGDE, ADVOCATE FOR C/RESPONDENT)
                             -2-
                                          WA No. 100224 of 2023




     THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH
COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, PLEASED TO
ALLOW THE ABOVE APPEAL AND SET ASIDE THE ORDER DATED
08/12/2022 PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.105311/2019 AND DISMISS THE WRIT PETITION WITH
COST IN THE INTEREST OF JUSTICE AND EQUITY.

     THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:



                         JUDGMENT

R.DEVDAS J., (ORAL):

In view of the decision rendered in Management of

Bharat Fritz Werner Ltd., Bangalore Vs. Bharat Fritz

Werner Karmika Sangha, Bangalore reported in AIR

ONLINE 2022 KAR. 4396, this intra Court appeal

challenging the order of the learned Single Judge arising

out an award passed by the Labour Court is not

maintainable. Accordingly, the writ appeal stands

dismissed.

Needless to observe that if the decision rendered in

the above case is set aside at the hands of the Hon'ble

Supreme Court and it is held that such an intra Court

WA No. 100224 of 2023

appeal is maintainable, then liberty is reserved to the

appellant herein to revive this case.

Sd/-

JUDGE

Sd/-

JUDGE

SVH