Karnataka High Court
The Management Of Nwkrtc vs Rajesab S/O Appasab Nadaf on 15 December, 2023
-1-
NC: 2023:KHC-D:14753
WP No. 102544 of 2023
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 15TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 102544 OF 2023 (L-KSRTC)
C/W
WRIT PETITION NOS. 102572, 102982, 102984, 102993,
103010, 104412, 104413, 104415, 104417, 104579, 104580,
104581, 104585, 104669 AND 105705 OF 2023.
IN WP. NO. 102544/2023
BETWEEN:
THE MANAGEMENT OF NWKRTC
RURAL DIVISION HUBBALLI
REPRESENTED BY ITS DIVISIONAL
CONTROLLER, HUBBALLI RURAL DIVISION
HUBBALLI, DIST: DHARWAD
...PETITIONER
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
AND:
MOHANKUMAR
B SHELAR
BASAVARAJ S/O. SHIVAPPA HOOLI
Digitally signed by AGE: 64 YEARS, OCC. RETIRED TECHNICAL
MOHANKUMAR B
SHELAR ASSISTANT, R/O DESAI ONI, 2ND CROSS, BANKAPUR
Date: 2023.12.22
12:53:51 +0530
CHOWK, HUBBALLI,DIST: DHARWAD-580001.
...RESPONDENT
(BY SRI. RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER DATED 04.08.2022
PASSED BY THE LABOUR COURT HUBBALLI IN APPLICATION
NO.37/2022 PRODUCED AT ANNEXURE-A IN THE INTEREST OF
JUSTICE AND EQUITY.
-2-
NC: 2023:KHC-D:14753
WP No. 102544 of 2023
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
IN WP. NO. 102572/2023
BETWEEN:
THE MANAGEMENT OF NWKRTC
DHARWAD RURAL DIVISION
REPRESENTED BY ITS DIVISIONAL
CONTROLLER, DHARWAD RURAL DIVISION
DHARWAD, DIST: DHARWAD
...PETITIONER
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
AND:
SHIVANAND S/O. KALLAPPA BADIGER
AGE: 63 YEARS, OCC. RETIRED ASST. ARTISAN,
R/O. MANGO ESTATE, TAPOVAN,
AT POST DHARWAD,
TQ & DIST: DHARWAD-580001.
...RESPONDENT
(BY SRI. RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER DATED 15.06.2022
PASSED BY THE LABOUR COURT HUBBALLI IN APPLICATION
NO.29/2022 PRODUCED AT ANNEXURE-A IN THE INTEREST OF
JUSTICE AND EQUITY.
IN WP. NO. 102982/2023
BETWEEN:
THE DIVISIONAL CONTROLLER NWKRTC
HUBBALLI RURAL DIVISION,
GOKUL ROAD, HUBBALLI,
DIST: DHARWAD.
...PETITIONER
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
AND:
FAKKIRAPPA S/O. SHIVAPPA KAMATAGI
AGE: 64 YEARS, OCC. RETIRED,
-3-
NC: 2023:KHC-D:14753
WP No. 102544 of 2023
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
R/O. MUNAVALLI, TQ: SAUNDATTI,
DIST: BELAGAVI-590001.
...RESPONDENT
(BY SRI. MRUTHYUNJAYA S. HALLIKERI, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER DATED
05.08.2022 PASSED BY THE LABOUR COURT HUBBALLI IN
APPLICATION NO.43/2022 PRODUCED AT ANNEXURE-A IN THE
INTEREST OF JUSTICE AND EQUITY.
IN WP. NO. 102984/2023
BETWEEN:
THE MANAGEMENT OF NWKRTC
DHARWAD DIVISION,
REPRESENTED BY ITS DIVISIONAL
CONTROLLER, DHARWAD DIVISION,
DHARWAD, DIST: DHARWAD.
...PETITIONER
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
AND:
SHANKRAPPA S/O. GULAPPA SADAR
AGE: 63 YEARS, OCC. RETIRED TRAFFIC
CONDUCTOR, R/O. MALLIKARJUN NAGAR,
SAVADATTI ROAD, DHARWAD, ,
DIST: DHARWAD-580001.
...RESPONDENT
(BY SRI. RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER DATED 28.10.2021
PASSED BY THE LABOUR COURT HUBBALLI IN APPLICATION
NO.35/2021 PRODUCED AT ANNEXURE-A IN THE INTEREST OF
JUSTICE AND EQUITY.
-4-
NC: 2023:KHC-D:14753
WP No. 102544 of 2023
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
IN WP. NO. 102993/2023
BETWEEN:
THE MANAGEMENT OF NWKRTC
REGIONAL WORKSHOP,
REPRESENTED BY ITS WORKS MANAGER,
GOKUL ROAD, HUBBALLI, DIST: DHARWAD
...PETITIONER
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
AND:
FAIZAHMED S/O. AZADKHAN KHAN
AGE: 64 YEARS, OCC. RETIRED ARTISAN,
R/O. H. NO.138, J. P. NAGAR,
BEHIND MYSORE KIRLOSKAR,
GOKUL ROAD, HUBBALLI,
DIST: DHARWAD-580001.
...RESPONDENT
(BY SRI. RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER DATED 22.08.2022
PASSED BY THE LABOUR COURT HUBBALLI IN APPLICATION
NO.38/2022 PRODUCED AT ANNEXURE-A IN THE INTEREST OF
JUSTICE AND EQUITY.
IN WP. NO. 103010/2023
BETWEEN:
THE MANAGEMENT OF NWKRTC
DHARWAD DIVISION,
REPRESENTED BY ITS DIVISIONAL CONTROLLER,
DHARWAD DIVISION, DHARWAD, DIST: DHARWAD
...PETITIONER
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
-5-
NC: 2023:KHC-D:14753
WP No. 102544 of 2023
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
AND:
DILERKHAN S/O. MUNAWARKHAN JAHAGIRDAR
AGE: 64 YEARS, OCC. RETIRED ASST. ARTISAN,
R/O. BADA, PO: SALAKINKOPPA,
TQ & DIST: DHARWAD-580001.
...RESPONDENT
(BY SRI. RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER DATED 05/01/2022
PASSED BY THE LABOUR COURT HUBBALLI IN APPLICATION
NO.82/2021 PRODUCED AT ANNEXURE-A IN THE INTEREST OF
JUSTICE AND EQUITY.
IN WP. NO. 104412/2023
BETWEEN:
THE DIVISIONAL CONTROLLER,
NWKRTC, HUBBALLI RURAL DIVISION,
GOKUL ROAD, HUBBALLI, DIST: DHARWAD.
PETITIONER
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
AND:
GOVIND S/O. ANANT KORTI,
AGE: 63 YEARS, OCC. RETIRED,
R/O. H. NO.LIG.177, 10TH CROSS,
NAVANAGAR, HUBBALLI,
DIST: DHARWAD-580001.
...RESPONDENT
(NOTICE TO RESPONDENT- SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER DATED 11.08.2022
PASSED BY THE LABOUR COURT HUBBALLI IN APPLICATION
NO.40/2022 PRODUCED AT ANNEXURE-A IN THE INTEREST OF
JUSTICE AND EQUITY.
-6-
NC: 2023:KHC-D:14753
WP No. 102544 of 2023
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
IN WP. NO. 104413/2023
BETWEEN:
THE MANAGEMENT OF NWKRTC
DHARWAD DIVISION,
REPRESENTED BY ITS DIVISIONAL
CONTROLLER, DHARWAD DIVISION,
DHARWAD, DIST: DHARWAD.
...PETITIONER
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
AND:
SADANAND S/O. RAMANNA ANCHATAGERI
AGE: 64 YEARS, OCC. RETIRED ARTISAN,
R/O. H.NO.49, GURUKRUPA NAGAR,
NEAR AGRI UNIVERSITY, DHARWAD,
DIST: DHARWAD-580001.
...RESPONDENT
(BY SRI. RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER DATED
05.12.2022 PASSED BY THE LABOUR COURT HUBBALLI IN
APPLICATION NO.46/2022 PRODUCED AT ANNEXURE-A IN THE
INTEREST OF JUSTICE AND EQUITY.
IN WP. NO. 104415/2023
BETWEEN:
1. THE MANAGEMENT OF NWKRTC
DHARWAD DIVISION,
REP. BY ITS DIVISIONAL CONTROLLER,
DHARWAD DIVISION, DHARWAD, DIST: DHARWAD.
2. THE MANAGEMENT OF NWKRTC
CENTRAL OFFICE, REP. BY ITS
MANAGING DIRECTOR, CENTRAL OFFICE,
GOKUL ROAD, HUBBALLI, DIST: DHARWAD.
...PETITIONERS
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
-7-
NC: 2023:KHC-D:14753
WP No. 102544 of 2023
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
AND:
GANGADHAR S/O. SHARANAPPA UPPAR
AGE: 65 YEARS, OCC. RETIRED ARTISAN,
R/O. M. B. NAGAR, CORPORATION COLONY,
DHARWAD, DIST: DHARWAD.
...RESPONDENT
(BY SRI. RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER DATED 29.12.2022
PASSED BY THE LABOUR COURT HUBBALLI IN APPLICATION
NO.58/2022 PRODUCED AT ANNEXURE-A IN THE INTEREST OF
JUSTICE AND EQUITY.
IN WP. NO. 104417/2023
BETWEEN:
THE MANAGEMENT OF NWKRTC
HUBBALLI DIVISION,
REP. BY ITS DIVISIONAL CONTROLLER,
HUBBALLI DIVISION, GOKUL ROAD,
HUBBALLI, DIST: DHARWAD.
...PETITIONER
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
AND:
RAMAPPA S/O HANAMAPPA TORAGAL
AGE: 65 YEARS, OCC. RETIRED CONDUCTOR,
R/O. PLOT NO.29, MUKAMBIKA NAGAR,
NEAR JOSHI FARM, DHARWAD,
DIST: DHARWAD-580001.
...RESPONDENT
(BY SRI. IRANAGOUDA K. KABBUR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER DATED 02.08.2022
PASSED BY THE LABOUR COURT HUBBALLI IN APPLICATION
-8-
NC: 2023:KHC-D:14753
WP No. 102544 of 2023
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
NO.33/2022 PRODUCED AT ANNEXURE-A IN THE INTEREST OF
JUSTICE AND EQUITY.
IN WP. NO. 104579/2023
BETWEEN:
1. THE MANAGEMENT OF NWKRTC
HUBBALLI DIVISION,
REP. BY ITS DIVISIONAL CONTROLLER,
HUBBALLI DIVISION, HUBBALLI,
DIST: DHARWAD-580021.
2. THE MANAGEMENT OF NWKRTC
CENTRAL OFFICE, REP. BY ITS
MANAGING DIRECTOR, CENTRAL OFFICE,
GOKUL ROAD, HUBBALLI,
DIST: DHARWAD-580021.
...PETITIONERS
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
AND:
RAJESAB S/O. APPASAB NADAF
AGE: 64 YEARS, OCC. RETD. DRIVER,
R/O. #10, DODDANAYAKANAKOPPA, BANSRI
NAGAR, TQ: DHARWAD, DIST: DHARWAD-580021.
...RESPONDENT
(BY SRI. RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER DATED 01.02.2023
PASSED BY THE LABOUR COURT HUBBALLI IN APPLICATION
NO.64/2022 PRODUCED AT ANNEXURE-A IN THE INTEREST OF
JUSTICE AND EQUITY.
IN WP. NO. 104580/2023
BETWEEN:
1. THE MANAGEMENT OF NWKRTC,
HUBBALLI RURAL DIVISION,
REP. BY ITS DIVISIONAL CONTROLLER,
-9-
NC: 2023:KHC-D:14753
WP No. 102544 of 2023
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
HUBBALLI RURAL DIVISION, CBT,
HUBBALLI, DIST: DHARWAD.
2. THE MANAGEMENT OF NWKRTC
CENTRAL OFFICE, REP. BY ITS
MANAGING DIRECTOR, CENTRAL OFFICE,
GOKUL ROAD, HUBBALLI, DIST: DHARWAD.
...PETITIONERS
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
AND:
BASAVARAJ S/O. LINGAPPA YELUGI
AGE: 64 YEARS, OCC. RETD ASSISTANT ARTISAN,
R/O. AT POST TUMARIKOPPA,
TQ: KALAGHATAGI, DIST: DHARWAD-580021.
...RESPONDENT
(SERVICE OF NOTICE TO SOLE RESPONDENT -SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER DATED 15.03.2023
PASSED BY THE LABOUR COURT HUBBALLI IN APPLICATION
NO.79/2022 PRODUCED AT ANNEXURE-A IN THE INTEREST OF
JUSTICE AND EQUITY.
IN WP. NO. 104581/2023
BETWEEN:
1. THE MANAGEMENT OF NWKRTC
HUBBALLI RURAL DIVISION,
REP. BY ITS DIVISIONAL CONTROLLER,
HUBBALLI RURAL DIVISION, CBT,
HUBBALLI, DIST: DHARWAD-580021.
2. THE MANAGEMENT OF NWKRTC
CENTRAL OFFICE, REP. BY ITS MANAGING
DIRECTOR, CENTRAL OFFICE, GOKUL ROAD,
HUBBALLI, DIST: DHARWAD-580021.
...PETITIONERS
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
- 10 -
NC: 2023:KHC-D:14753
WP No. 102544 of 2023
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
AND:
GANGAPPA S/O. MADIVALAPPA LAGAMANNAVAR,
AGE: 64 YEARS, OCC. DRIVER,
R/O. #114, JIDDI ONI, AMATGOL,
TQ & DIST: DHARWAD-580021.
...RESPONDENT
(BY SRI. RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER DATED 15.03.2023
PASSED BY THE LABOUR COURT HUBBALLI IN APPLICATION
NO.77/2022 PRODUCED AT ANNEXURE-A IN THE INTEREST OF
JUSTICE AND EQUITY.
IN WP. NO. 104585/2023
BETWEEN:
1. THE MANAGEMENT OF NWKRTC
HUBBALLI RURAL DIVISION,
REP. BY ITS DIVISIONAL CONTROLLER,
HUBBALLI RURAL DIVISION,
HUBBALLI, DIST: DHARWAD.
2. THE MANAGEMENT OF NWKRTC
CENTRAL OFFICE, REP. BY ITS MANAGING
DIRECTOR, CENTRAL OFFICE, GOKUL ROAD,
HUBBALLI, DIST: DHARWAD.
...PETITIONERS
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
AND:
NARAYAN S/O. MANAPPA KAPSE
AGE: 66 YEARS, OCC: RETD. ASST.
ARTISAN, R/O. OPP. GANESH APARTMENT,
- 11 -
NC: 2023:KHC-D:14753
WP No. 102544 of 2023
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
REVANY COLONY, VIDYANAGAR
EXTENSION, HUBBALLI, DIST: DHARWAD.
...RESPONDENT
(BY SRI. RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER DATED 10.04.2023
PASSED BY THE LABOUR COURT HUBBALLI IN APPLICATION
NO.96/2022 PRODUCED AT ANNEXURE-A IN THE INTEREST OF
JUSTICE AND EQUITY.
IN WP. NO. 104669/2023
BETWEEN:
1. THE MANAGEMENT OF NWKRTC
HUBBALLI RURAL DIVISION,
REP. BY ITS DIVISIONAL CONTROLLER,
HUBBALLI RURAL DIVISION,
HUBBALLI, DIST: DHARWAD.
2. THE MANAGEMENT OF NWKRTC
CENTRAL OFFICE, REP. BY ITS MANAGING
DIRECTOR, CENTRAL OFFICE, GOKUL ROAD,
HUBBALLI, DIST: DHARWAD.
...PETITIONERS
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
AND:
SIDDAPPA S/O. BASAVENNAPPA DODDAMANI
AGE: 69 YEARS, OCC: RETD. CONDUCTOR,
R/O. H.NO.51, 2ND MAIN, SAMPIGE NAGAR,
DHARWAD DIST: DHARWAD-580021.
...RESPONDENT
(BY SRI. RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER DATED 10.03.2023
- 12 -
NC: 2023:KHC-D:14753
WP No. 102544 of 2023
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
PASSED BY THE LABOUR COURT HUBBALLI IN APPLICATION
NO.100/2022 PRODUCED AT ANNEXURE-A IN THE INTEREST OF
JUSTICE AND EQUITY.
IN WP. NO. 105705/2023
BETWEEN:
1. THE MANAGEMENT OF NWKRTC
HUBBALLI RURAL DIVISION,
REP. BY ITS DIVISIONAL CONTROLLER,
HUBBALLI RURAL DIVISION, CBT,
HUBBALLI, DIST: DHARWAD.
2. THE MANAGEMENT OF NWKRTC
CENTRAL OFFICE, REP. BY ITS MANAGING
DIRECTOR, CENTRAL OFFICE, GOKUL ROAD,
HUBBALLI, DIST: DHARWAD.
...PETITIONERS
(BY SRI. PRASHANT S. HOSAMANI, ADVOCATE)
AND:
YALLAPPA S/O. RAMAPPA ALAGAVADI,
AGE: 64 YEARS, OCC: RETD. TRAFFIC
CONTROLLER, R/O. KURABARGERI ONI,
AT AND POST: HEBSUR,
TQ: HUBBALLI, DIST: DHARWAD-580021.
...RESPONDENT
(BY SRI. RAVI HEGDE, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA 1950, PRAYING TO ISSUE A WRIT
OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE IMPUGNED ORDER DATED 10.03.2023
PASSED BY THE LABOUR COURT HUBBALLI IN APPLICATION
NO.76/2022 PRODUCED AT ANNEXURE-A IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE PETITIONS, COMING ON FOR DICTATING ORDERS,
THIS DAY, THE COURT MADE THE FOLLOWING:
- 13 -
NC: 2023:KHC-D:14753
WP No. 102544 of 2023
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
ORDER
The petitioner in these petitions is questioning the order
passed by the Labour Court, Hubballi, under Section 33-C(2) of
the Industrial Disputes Act, 1947 (hereinafter referred to as
'the I.D.Act, 1947', for short).
2. Admittedly, respondents in all these petitions are
the former employees of the petitioner-Corporation. After
attaining the age of superannuation, the respondent-employees
have received the service benefits payable to them.
Respondents approached the Labour Court under Section 33-
C(2) of the I.D.Act, 1947 with a prayer to award interest on the
delayed payment of statutory benefits.
3. Before the Labour Court, the petitioner-Corporation
appeared and filed objections to the petitions filed by the
respondent-employees on the premise that the petitions are
not maintainable and the Labour Court has no jurisdiction to
grant the prayer of the employees. Since, the employees
claimed interest from their employer on the delayed payment
- 14 -
NC: 2023:KHC-D:14753
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
of service benefits; the petitioner-corporation disputed the
liability to pay the interest on the delayed payment.
4. The parties led evidence before the Labour Court
and the Labour Court has allowed the claim petitions and
granted interest at the rate of 8% per annum for the delayed
period in making the payment of leave encashment.
5. Aggrieved by the aforementioned orders, the
petitioner-Corporation is before this Court.
6. Learned counsel for the petitioner-Corporation
raised the following contentions :
i) The petition under Section 33-C(2) of the I.D. Act,
1947 is in the nature of an execution petition.
Unless the claim is adjudicated or an award is
passed, the Labour Court does not get jurisdiction
to determine the claim.
ii) The claim relating to the entitlement of interest and
the rate of interest is not adjudicated prior to an
application under Section 33-C(2) of the I.D. Act,
- 15 -
NC: 2023:KHC-D:14753
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
1947, as such, the Labour Court does not get the
jurisdiction to entertain a petition.
iii) Under the provisions of the I.D. Act, 1947, there is
no liability imposed on the employer to pay the
interest in respect of delayed payment of leave
encashment.
iv) The terms of employment between the employer
and employees does not contemplate the payment
of interest to the employees in case of delayed
payment of service benefits, as such, under
Section 33-C(2) of the I.D. Act, 1947, the Labour
Court has no jurisdiction to entertain a claim
petition without there being any adjudication as to
the entitlement of the employees.
7. Learned Counsel Sri. Ravi Hegde, appearing for
respondent-employees raised the following contentions :
i) The relation between the petitioner and respondent
as an employer and employee is not in dispute.
The date on which the respondent-employees are
entitled to receive the leave encashment benefit is
- 16 -
NC: 2023:KHC-D:14753
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
also fixed in terms of the circular dated
09.07.1998, wherein the employer has an
obligation to make payment of leave encashment
on the date of attaining the age of superannuation.
This being the position, there is nothing to be
adjudicated by the Industrial Tribunal as
contemplated under the I.D. Act, 1947 and since no
adjudication is required relating to payment of
interest, the proceedings under Section 33-C(2) of
the I.D. Act, 1947 is maintainable.
ii) Assuming that the Labour Court has no jurisdiction
under the scheme of I.D. Act, 1947, to entertain
the matter, in case had it been referred to the
Industrial Tribunal under Section 10 by way of
reference, the same Court is required to adjudicate
the dispute and since the parties have been given
an opportunity to lead evidence, no prejudice is
caused to the petitioner-Corporation, as such, the
petition has to be dismissed.
- 17 -
NC: 2023:KHC-D:14753
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
8. Learned Counsel Sri. Ravi Hegde, appearing for
respondent-employees would also refer to the Judgments
referred to by the Labour Court in the impugned order.
9. Learned counsel Sri Prashant Hosamani appearing
for the petitioner-Corporation by way of reply would refer to
the judgment of the Hon'ble Apex Court in the case of Bombay
Chemical Industries vs. Deputy Labour Commissioner and
Another, reported in (2022) 5 SCC 629 and the Judgment of
the co-ordinate Bench of this Court in the case of The
Management of NWKRTC vs. Shri Nijauni S/o. Shivarudrappa
Devanur, Writ Petition No. 103872/2021 (L-KSRTC), disposed
on 05.01.2023.
10. This Court has considered the contentions raised at
the bar.
11. The scope and ambit of Section 33-C(2) of the I.D.
Act, 1947 is no longer res integra. The various High Courts as
well as the Hon'ble Apex Court have laid down the law
interpreting Section 33-C(2) of the I.D. Act, 1947. It is well
settled proposition of law that the proceedings under Section
- 18 -
NC: 2023:KHC-D:14753
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
33-C(2) of the I.D. Act, 1947 is in the nature of execution
proceedings, where the Labour Court will have the jurisdiction
to enforce the orders pursuant to an adjudication or settlement.
The Labour Court has the jurisdiction to entertain a petition
under Section 33-C(2) of the I.D.Act, 1947.
12. The judgment of the Hon'ble Apex Court in the case
of Union of India and another vs. Kankuben, reported in
(2006) 9 SCC 292 recognizes distinction between a pre-existing
right or benefit on one hand and the right or benefit which is
considered just and fair on the other hand. The Hon'ble Apex
Court has held that the claim based on the pre-existing right or
benefit can be adjudicated under Section 33-C(2) of the I.D.
Act, 1947 and the claim based on a fair and just claim cannot
be adjudicated under Section 33-C(2) of the I.D. Act, 1947.
13. In the light of the law declared by the Hon'ble Apex
Court, this Court has to consider whether the claim of the
petitioner-Corporation is based on any pre-existing right or
benefit.
- 19 -
NC: 2023:KHC-D:14753
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
14. The right to claim interest can be said to be a pre-
existing right or benefit, provided the terms and conditions of
contract of the employment between the employer and
employee is determined in the contract of employment, or if it
is determined in the Resolutions governing service conditions.
Admittedly, the terms and conditions of contract of employment
between the employer and employee if any, are silent on
payment of interest on delayed service benefits. The Rules and
Regulations governing the service conditions between the
employer and employees also do not contemplate the payment
of interest in case of delay in paying the interest to the
employees.
15. This being the position, this Court is of the view
that the claim for interest cannot be termed as a claim based
on the pre-existing right or benefit within the meaning of
Section 33-C(2) of the I.D. Act, 1947.
16. It is also an admitted fact that there is no
adjudication by the competent authority or Industrial Tribunal
as to whether the employees are entitled to interest on account
- 20 -
NC: 2023:KHC-D:14753
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
of delayed payment. In addition to that, there is no
adjudication as to the rate of interest as well. The rate of
interest on account of delayed payment depends on various
factors. It is submitted by the learned counsel for the
petitioner-Corporation that payment was delayed on account of
Covid-19 pandemic related restrictions.
17. Under these circumstances, this Court is of the view
that the Labour Court could not have entertained the petition
under Section 33-C(2) of the I.D. Act, 1947.
18. The Labour Court has referred to the judgment of
the Delhi High Court, wherein the Delhi High Court has taken a
view that the claim relating to leave encashment can be
entertained under Section 33-C(2) of the I.D. Act, 1947,
without there being any reference under Section 10.
19. This Court is of the view that the said decision is
not applicable to the case on hand. The reason is simple. The
Delhi High Court has taken a view in the aforementioned case,
given the fact that the claimants before the Labour Court made
a claim for payment of leave encashment. The fact that the
- 21 -
NC: 2023:KHC-D:14753
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
employees are entitled to leave encashment was not in dispute.
This being the position, the Delhi High Court has taken a view
that the petition under Section 33-C(2) of the I.D. Act, 1947 is
maintainable. However, in the present cases, it is to be noticed
that the claim relating to entitlement of interest is in dispute.
Hence, the Judgment referred to by the Labour Court in its
order is distinguishable and not applicable to the cases on
hand.
20. For the aforesaid reason, this Court proceeds to
pass the following :
ORDER
(i) The writ petitions are allowed.
(ii) The orders passed by the Presiding Officer,
Labour Court, Hubballi, in the following
cases are set aside:
Application Date of order
number
37/2022 04.08.2022
29/2022 15.06.2022
43/2022 05.08.2022
- 22 -
NC: 2023:KHC-D:14753
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
35/2021 28.10.2021
38/2022 22.08.2022
82/2021 05.01.2022
40/2022 11.08.2022
46/2022 05.12.2022
58/2022 29.12.2022
33/2022 02.08.2022
64/2022 01.02.2023
79/2022 15.03.2023
77/2022 15.03.2023
96/2022 10.04.2023
100/2022 10.03.2023
76/2022 10.03.2023
(iii) However, this Court is of the view that the
claim of respondent-employees relating to
interest on account of delayed payment of
leave encashment is not adjudicated by this
Court.
- 23 -
NC: 2023:KHC-D:14753
C/W. W.P. NOS. 102572, 102982,
102984, 102993, 103010, 104412,
104413, 104415, 104417, 104579,
104580, 104581, 104585, 104669
AND 105705 OF 2023.
(iv) The observations made in this order should
not be construed as an observation denying
the fair claim of the respondent-employees
to claim interest on account of delayed
payment. This Court has only decided the
scope of the Labour Court under Section 33-
C(2) of the I.D. Act, 1947.
(v) The respondent-employees are entitled to
avail such remedy as available in law to
claim interest on the delayed payment, if it
is advised in law.
The time spent in prosecuting these petitions before the
Labour Court and before this Court is to be excluded in
computing the limitation, if any, if such claim in made under
other applicable jurisdiction.
Sd/-
JUDGE
CKK/ct-an
