Karnataka High Court
The Divisional Controller vs Gangappa S/O Bheemapa Mummigatti on 17 January, 2023
Bench: E.S.Indiresh
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WP No. 101789 of 2022
C/W WP No. 103785 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 17TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 101789 OF 2022 (L-KSRTC)
C/W
WRIT PETITION NO. 103785 OF 2015
BETWEEN:
THE DIVISIONAL CONTROLLER NWKRTC
HUBLI DIVISION, HUBLI,
REPRESENTED BY ITS CHIEF LAW OFFICER,
NWKRTC CENTRAL OFFICE,
HUBLI 582101.
...PETITIONER
(COMMON)
(BY SRI. PRAKASH N. HOSAMANE, ADVOCATE)
AND:
GANGAPPA S/O BHEEMAPPA MUMMIGATTI
AGE. MAJOR, OCC. EX-CONDUCTOR-CUM-DRIVER,
R/O. LAKHAMAPUR, POST. NARENDRA,
TQ. DHARWAD, District. DHARWAD 580008
...RESPONDENT
(COMMON)
J (BY SRI. S. K. HEGDE, ADVOCATE)
MAMATHA
---
Digitally signed
by J MAMATHA
Date:
2023.01.18 WRIT PETITION NO.101789/2022 IS FILED UNDER
10:50:08
+0530 ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI
THEREBY QUASHING THE ORDER DATED 14-09-2016
PASSED BY THE INDUSTRIAL TRIBUNAL BANGALORE ON IN
SERIAL APPLICATION NO. 183/2011 AS PER ANNEXURE-D.
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WP No. 101789 of 2022
C/W WP No. 103785 of 2015
WRIT PETITION NO.103785/2015 IS FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI
THEREBY QUASHING THE ORDER DATED 20.10.2013 PASSED
BY THE INDUSTRIAL TRIBUNAL BANGALORE, ON I.A.NO.1 IN
SERIAL APPLICATION NO. 183/2011 AS PER ANNEXURE-D;
AND CONSEQUENTLY TO REJECT THE I.A.NO.1 FILED BY
THE RESPONDENT IN SERIAL APPLICATION NO.183/2011 AND
COPY OF THE SAME IS PRODUCED AS ANNEXURE-B TO THE
WRIT PETITION ON THE FILE OF INDUSTRIAL TRIBUNAL,
BANGALORE.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri. S. K. Hegde, learned counsel, who is appearing for the
respondent-workman in W.P.No.103785/2015, accepts notice for
the respondent-workman in W.P.No.101789/2022.
2. W.P.No.101789/2022 is filed by the Corporation
challenging order dated 14.09.2016 passed by the learned
Presiding Officer, Industrial Tribunal, Bengaluru, in Serial
Application No.183/2011 (In KID No.148/2005).
W.P.No.103785/2015 is filed by the Corporation challenging the
order dated 26.10.2013 passed by the Industrial Tribunal,
Bengaluru on I.A.No.1 in Serial Application No.183/2011.
WP No. 101789 of 2022
C/W WP No. 103785 of 2015
3. Heard the learned counsel appearing for the parties.
4. Insofar as W.P.No.101789/2022, the impugned order
is passed on 14.09.2016 by the Industrial Tribunal, Bengaluru
(Annexure-D) and having taken note of the fact that the petitioner -
Corporation has not explained with cogent reasons, to dondone the
delay of nearly 6 ½ years in filing the writ petition, I am of the view
that the writ petition requires to be dismissed on the ground of
delay and laches, following the judgments of the Hon'ble Supreme
Court in the case of New Delhi Municipal Council vs. Pan Singh
& Ors reported in (2007) 9 SCC 278, in the case of Shankara Co-
op Housing Society Ltd v. M. Prabhakar & Ors reported in AIR
2011 SC 2161 and in the case of Lingeswaran etc.
Versusthirunagalingam reported in 2022 Live Laws (SC) 227.
5. Insofar as W.P.No.103785/2015 is concerned, having
taken note of the arguments advanced by the learned counsel
appearing for the parties, as the said order has been passed on
I.A.No.1 filed under Section 11 of the Industrial Disputes Act, 1947,
whereby the Corporation was directed to pay an amount of
Rs.2,000/- per month to the respondent-workman, commencing
WP No. 101789 of 2022
C/W WP No. 103785 of 2015
from 01.09.2013 and for non-compliance of the said order, the
Industrial Tribunal has passed the order dated 14.09.2016. In that
view of the matter, I am of the view that there is no infirmity in the
impugned order passed by the Industrial Tribunal and hence, I do
not find any merit in the writ petitions.
6. Accordingly, the writ petitions are rejected.
Sd/-
JUDGE
gab
