Hyderabad Karnataka Education ... vs Basavaraj S/O Revansidappa Bada
2023 Latest Caselaw 1575 Kant

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         IN THE HIGH COURT OF KARNATAKA

                  KALABURAGI BENCH

   DATED THIS THE 24th DAY OF FEBRUARY, 2023

                         BEFORE

 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

              W.P.No.83778/2010 (L-PW)

BETWEEN:

1. Hyderabad Karnataka Education Society,
   Through its President,
   I.B.Road, Gulbarga.

2. The Dean,
   M.R.Medical College,
   Sedam Road, Gubarga - 585 105.
                                            .... Petitioners
(By Sri Amresh S.Roja, Advocate)

AND:

Basavaraj S/o Revansiddappa Bada,
Age : 50 years, R/o H.No.2-007/16A,
Gubbi Colony, Gulbarga - 585 03.
                                           ... Respondent
(Party-in-person)

      This writ petition is filed under Article 226 of the
Constitution of India praying to issue writ of certiorari or
order quashing the award passed by the Labour Court on
19.08.2010 in App.No.21/2007, i.e., Annexure-E and
consequently dismiss the claim petition.
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      The above writ petition having been heard on
07.02.2023 and reserved for orders, coming on for
pronouncement of orders this day the court made the
following :

                            ORDER

Heard the learned counsel for the petitioners and the

learned counsel for the respondent.

2. The learned counsel for the petitioners submits

that the controversy involved in this case is squarely

covered in terms of the order passed by this Court in

W.P.No.84916/2011 dated 13.02.2023.

3. It is also submitted by the learned counsel for

the respondent that this Court has passed order in

W.P.No.84916/2011, granting relief to the petitioners in

terms of the order passed in W.P.No.82275/2012 by this

Court and later confirmed by the Division Bench in Writ

Appeal No.200097-98/2015.

4. The learned counsel for the petitioners would

submit that the judgment passed by the Division Bench is

under challenge before the Apex Court in

SLP.No.2397/2018. It is further stated that the operation

of the orders passed by this Court which are referred

above are stayed by the Apex Court.

5. Merely because the operation of the order is

stayed, the Court's power to grant relief based on the said

order is not taken away, as the precedential value of the

order is not lost.

6. This Court is of the view that the matter is

covered by the judgments of this Court in the

aforementioned matters. Hence, the writ petition is

dismissed.

7. The petitioners are directed to comply with the

order of the Labour Court within three months from the

date of receipt of certified copy of this order.

8. However, it is made clear that notwithstanding

the dismissal of the present writ petition, in case the

orders referred by this Court in Writ Appeal No.200097-

98/2015 and in Writ Petition No.82275/2012 are set-aside

in the aforementioned Special Leave Petition, petitioners

are at liberty to move the application for restoration of the

petition for due consideration.

Sd/-

JUDGE

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