Karnataka High Court
The Management Of National ... vs Sri Pradeep Kumar J on 6 February, 2023
Bench: Alok Aradhe, S Vishwajith Shetty
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WA No. 1011 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2023
PRESENT
THE HON'BLE MR JUSTICE ALOK ARADHE
AND
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
WRIT APPEAL NO. 1011 OF 2021 (S-RES)
BETWEEN:
1. THE MANAGEMENT OF NATIONAL
AEROSPACE LABORATORIES
O/O THE DIRECTOR
KODIHALLI CAMPUS
POST BAG NO.1779
BENGALURU - 560 017
REP. BY THE SENIOR CONTROLLER
OF ADMINISTRATION.
Digitally signed 2. THE DIRECTOR
by B A
KRISHNA THE MANAGEMENT OF NATIONAL
KUMAR
Location: High AEROSPACE LABORATORIES
Court of
Karnataka O/O THE DIRECTOR, KODIHALLI
LAMPUS, POST BAG NO.1779
BENGALURU - 560 017.
3. THE DIRECTOR GENERAL
COUNCIL OF SCIENTIFIC AND
INDUSTRIAL RESEARCH
RAFI MARG, NEW DELHI - 110 001.
...APPELLANT
(BY SRI RAJATH ARIGA,A DV. FOR
SRI YESHU BABA R. MISHRA., ADV.)
AND:
1. SRI PRADEEP KUMAR J
S/O JAYARAJ
AGED 42 YEARS
OCC. SERVICE
R/AT NO.23, 2ND CROSS
DASAPPA LAYOUT
MUNESWARA NAGARA
RAMAMURTHY NAGAR
BENGALURU - 560 016
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WA No. 1011 of 2021
2. SRI ANBARASAN M
S/O MANOHARAN
AGED ABOUT 37 YEARS
OCC SERVICE, NO.268, 5TH CROSS
1ST STAGE, BHUVANESHWARI
NAGAR, BENGALURU - 560 056.
3. SMT. SUNITHA B
D/O BALAKRISHNA M
AGED ABOUT 35 YEARS
OCC: SERVICE, NO.20
BALAJI NILAYAM
3RD MAIN, 9TH CROSS
GAFFOOR LAYUT
LB SHASTRI NAGAR
BENGALURU - 560 017.
4. SMT. SUMARANI S
D/O SIDDARAMAIAH
AGED ABOUT 33 YEARS
OCC: SERVICE
SITE NO.18, SHIRDI SAI
BEML LAYOUT, PHASE-2
MADEHALLI KS HALLI
BENGALURU - 560 049.
5. SMT. SHILPA N
D/O NAGARAJ N
AGED ABOUT 33 YEARS
OCC: SERVICE
NO.11, ANJNADHRI LAYOUT
NEAR RBA BOSCH
DODDANAGAMANGALA
BENGALURU - 560 100.
...RESPONDENTS
(BY SRI VILAS RANGANATH DATAR., ADV.)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 24.03.2021
PASSED IN W.P. NO.2493/2021 AND CONSEQUENTLY DISMISS THE
WRIT PETITION.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
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WA No. 1011 of 2021
JUDGMENT
This appeal has been filed against an order dated
24.03.2021 passed by the learned Single Judge in
W.P.No.2493/2021.
2. Learned counsel for the appellant submits that by
an interim order granted against the appellant, the interest of
the respondents-workmen have been protected and they are
continuing in service. It is submitted that the writ appeal
preferred by the appellant be disposed with the liberty to the
appellant to fill up the post of 'Junior Secretariat Assistant in
the Department of Finance and Accounts' and Industrial
Tribunal is directed to conclude the proceedings within time
limit.
3. Learned counsel for the respondents - workmen has
submitted that the workmen should be allowed to continue in
the service.
4. In the aforesaid submission made and in the facts
of the case, the order dated 24.03.2021 passed by the learned
Single Judge in W.P.No.2493/2021 is modified and the
appellant is permitted to fill up the post of 'Junior Secretariat
WA No. 1011 of 2021
Assistant in the Department of Finance and Accounts'.
However, in compliance of the order passed in
W.A.No.520/2021, the workmen shall be allowed to continue in
service. The Industrial Tribunal is directed to expeditiously
conclude the proceedings preferably within a period of four
months from the date of receipt of this order.
To the aforesaid extent, order passed by the learned
Single Judge in W.P.No.2493/2021 is modified. Accordingly,
the appeal is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
NMS
