Karnataka High Court
Hmt Machine Tools Ltd vs Sri N D Puttaswamy on 26 May, 2023
Bench: Alok Aradhe Byaaj, Arhj
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WA No.307 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26TH DAY OF MAY, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT APPEAL NO.307 OF 2018 (S-R)
BETWEEN:
1. HMT MACHINE TOOLS LTD.,
(A SUBSIDIARY OF HMT LTD.,)
BANGALORE COMPLEX
NO.59, HMT BHAVAN
GANGENAHALLI, BELLARY ROAD
Digitally R. T. NAGAR POST, BANGALORE - 560 032
signed by REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR.
RUPA V
Location: 2. HMT MACHINE TOOLS (MBX)
High Court BANGALORE COMPLEX , JALAHALLI
of Karnataka BANGALORE - 560 013
REPRESENTED BY ITS GENERAL MANAGER.
...APPELLANTS
(BY SRI. H.M. MURALIDHAR, ADV.,)
AND:
1. SRI. N.D. PUTTASWAMY
S/O LATE DEVAPPA N
AGED ABOUT 60 YEARS
FORMERLY WORKING AS SECURITY INSPECTOR - C
HMT MACHINE TOOLS LTD.,
RESIDING AT NO.26, MANDARA
BHARATH NAGAR, M. S. PALYA
DR. CHANDRAPPA LAYOUT, VIDYARANYAPURA
BANGALORE - 560 097.
2. SRI. S. RAJARAM
SINCE DECEASED BY LRS.
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WA No.307 of 2018
(a) SMT. GIRIJA B.C.
W/O LATE S. RAJARAM
AGED ABOUT 63 YEARS.
(b) SRI. PRASHANTH R
S/O LATE S. RAJARAM
AGED ABOUT 41 YEARS.
(c) SRI. PRUTHVIN
S/O LATE S. RAJARAM
AGED ABOUT 41 YEARS.
ALL ARE RESIDING AT 216
2ND MAIN, 4TH CROSS, UTTARAHALLI MAIN ROAD
BHCS LAYOUT, UTTARAHALLI, MAIN ROAD,
BANGALORE - 560061.
3. SRI. SHIVALINGE GOWDA
S/O LATE KEMPE GOWDA
AGED ABOUT 61 YEARS
FORMERLY WORKING AS MANAGER - PS -V
HMT MACHINE TOOLS LIMITED
RESIDING AT NO 39, SIDDESHWARA NILAYA
2ND CROSS,, K N VILLA, 2ND PHASE
DODDABOMMASANDRA
VIDYARANYAPURA, BANGALORE - 560097.
4. SRI. THIMMAIAH .L
S/O LATE THIMMAIAH
AGED ABOUT 64 YEARS
FORMERLY WORKING AS
SENIOR TECHNICAL ASSISTANT
HMT MACHINE TOOLS
RESIDING AT NO 271, 7TH CROSS
2ND BLOCK, HMT LAYOUT
NAGASANDRA POST, BANGALORE - 560097.
5. SRI. MANCHIGAIAH .C
S/O LATE MADAIAH
AGED ABOUT 64 YEARS
FORMERLY WORKING AS MANAGER (IT)
AND RESIDING AT NO 111, 2ND FLOOR
3RD STAGE, 4TH MAIN
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WA No.307 of 2018
VIJAYANAGAR
BANGALORE - 560 040.
6. SRI. MUNINARAYANAPPA
S/O LATE MUNISHAMAPPA
AGE 63 YEARS
FORMERLY WORKING AS
SENIOR TECHNICAL ASSISTANT D
HMT MACHINE TOOLS
RESIDING AT NO 21, BEERESHWARA NILAYA
INDIAN EXPRESS LAYOUT, VIRUPAKSHPURA,
VIDYARANYAPURA, BANGALORE - 97.
7. SRI. M.R. VISHWANATH
S/O M V RAMARAO
AGE 65 YEARS
FORMERLY WORKING AS
DEPUTY GENERAL MANAGER (M)
HMT MACHINE TOOLS LTD.,
RESIDING AT NO 37, 13TH A CROSS,
BHUVANESHWARINAGAA, HAF POST, HEBBAL-
KEMPAPURA , DASARAHALLI BANGALORE - 560 024.
8. SRI. KRISHNA MURTHY
S/O LATE KEMBRAYAPPA
AGE 63 YEARS
FORMERLY WORKING AS
SENIOR TECHNICAL ASSISTANT D
HMT MACHINE TOOLS
RESIDING AT NO 145/3,
SAHYADRI NILAYA,
NAEAR SHARADAMBA TEMPLE,
JALAHALLI, BANGALORE - 560 097.
9. SRI. SHESHAPPA
S/O LATE SOMAPPA
AGE 64 YEARS
FORMERLY WORKING AS
WORKER SUPERVISOR WS- 1,
HMT MACHINE TOOLS
RESIDING AT NO 19, 1ST FLOOR,
GOLDEN RAYS BUILDINGS,
NEAR RR HIGH SCHOOL
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WA No.307 of 2018
DODDABOMMASANDRA
BANGALORE - 560 097.
10. V S KRISHNAMURTHY
S/O LATE SUBBA RAO
AGE 64 YEARS
FORMERLY WORKING AS
DEPUTY CHIEF ENGINEER
HMT MACHINE TOOLS
RESIDING AT NO 407, 3RD BLOCK,
10TH CROSS, HMT LAYOUT ,
VIDYARANYAPURA, BANGALORE - 560 097.
11. SMT. MARIAMMA
W/O K V THAMBI
AGE 65 YEARS
FORMERLY WORKING AS
DEPUTY MANAGER
HMT MACHINE TOOLS LTD.,
RESIDING AT NO 406, 3RD BLOCK
10TH CROSS, HMT LAYOUT,
VIDYARANYAPURA,
BANGALORE - 560 097.
12. SRI. C. DEVE GOWDA
S/O LATE JAVARAPPA
AGE 64 YEARS
FORMERLY WORKING AS
ASSISTANT GENERAL MANAGER
HMT MACHINE TOOLS
RESIDING AT NO 6, 4TH C MAIN
BYRAVESHWARANAGARA,
MOODALAPALYA, BANGALORE - 560 012.
13. SRI. MAYAGAIAH
S/O LATE MAYAGAIAH, MAJOR
FORMERLY WORKING AS
WORKER SUPERVISOR
HMT MACHINE TOOLS
RESIDING AT NO 563
4TH CROSS, HMT LAYOUT
NAGASANDRA POST
BANGALORE - 560 073.
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WA No.307 of 2018
14. SRI. B.C. RAMASWAMY
S/O LATE CHIKKANNA
AGE 62 YEARS
FORMERLY WORKING AS
OPERATOR - B, HMT MACHINE TOOLS LTD.,
RESIDING AT NO 639, SECTOR -III
HMT COLONY, BANGALORE - 560 013.
15. SRI. VENKATARAMA REDDY
S/O LATE PAPI REDDY
AGE 62 YEARS
FORMERLY WORKING AS
WORKER SUPERVISOR
HMT MACHINE TOOLS
RESIDING AT NO A-33, SECTOR II
HMT LAYOUT, JALAHALLI
BANGALORE - 560 013.
...RESPONDENTS
(BY SRI. SUBRAMANYA BHAT, ADV., FOR R4, R5, R7 TO R9,
R12, R13
AND R15)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO PERUSE THE SAME, ALLOW
THE WRIT APPEAL AND SET ASIDE THE IMPUGNED ORDER
DATED 08/12/2017 PASSED BY THE LEARNED SINGLE JUDGE
IN WP NOS. 14523-14537/2016 [S-R] C/W WP NOS.22667-
22668/2015, 43636-43645/2015, 16043-16047/2016 AND
16048-16049/2016, CONSEQUENTLY, DISMISS THE WRIT
PETITIONS, OR IN THE ALTERNATIVE PASS SUCH OTHER
ORDER/S AS THIS HON'BLE COURT DEEM FIT TO PASS ON
THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
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WA No.307 of 2018
JUDGMENT
This intra Court appeal has been filed against an
order dated 08.12.2017 passed by the learned Single
Judge in W.P.Nos.14523-37/2016 and connected
matters.
2. In view of the submission made by learned
counsel for the parties that the controversy involved in
the writ petitions is covered by judgments of this Court
in W.P.No.38341/2014 c/w W.P.Nos.8821-22/2014
decided on 22.09.2014 in Puttamallaiah & others Vs.
The Union of India & others, and W.P.No.45250/2014
c/w W.P.No.27796/2014 decided on 13.01.2016 in
Sri.S.Yathindra Kumar and others Vs. HMT Limited &
others, the learned Single Judge disposed of the writ
petitions.
3. It is not in dispute that subsequently against
order passed in W.P.No.45250/2014 and connected
WA No.307 of 2018
matter, on which reliance was placed by the learned
Single Judge while disposing of the writ petitions, a
review petition was filed which was disposed of and the
aforesaid writ petitions were restored to file. Thereafter,
the learned Single Judge, by an order dated 23.11.2022
has disposed of W.P.No.45250/2014 and connected
matter.
4. Learned counsel for the parties jointly submit
that the petition be disposed of on similar terms and
with same directions.
5. In view of aforesaid submission and with a view
to maintain parity, writ appeal is disposed of with the
following directions:
The appellants - HMT is directed to consider
the representations of the respondents
requesting payment of retirement benefits
including encashment of leave, if not paid and to
WA No.307 of 2018
consider payment of interest for the belated
payment of the above benefits by passing
appropriate order, within 3 months from the date
of receipt of a copy of this order.
Accordingly, the appeal is disposed of.
Consequently, the pending interlocutory
application is also disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RV
