M/S Express Publications (Madurai) ... vs Union Of India
2023 Latest Caselaw 8412 Kant

Karnataka High Court

M/S Express Publications (Madurai) ... vs Union Of India on 24 November, 2023

Bench: Chief Justice, Krishna S Dixit

                                                -1-
                                                         NC: 2023:KHC:42179-DB
                                                          WA No. 1220 of 2022




                         IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 24TH DAY OF NOVEMBER, 2023

                                             PRESENT

                        THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                               AND

                             THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                                WRIT APPEAL NO. 1220 OF 2022 (L-PF)

                   BETWEEN:
                   1.     M/S EXPRESS PUBLICATIONS (MADURAI)
                          PRIVATE LIMITED,
                          A COMPANY REGISTERED UNDER THE
                          COMPANIES ACT, 1956,
                          OFFICE AT NO.1, QUEENS ROAD,
                          BANGALORE-560 001.

                          REPRESENTED BY:
                          SENIOR GENERAL MANAGER,
                          MR. P. SURESH KUMAR.
                          (GPA HOLDER)
Digitally signed                                               ...APPELLANT
by AMBIKA H B      (BY SRI. ASHOK HARANAHALLI, SENIOR ADVOCATE A/W
Location: HIGH        SRI. MANMOHAN P N, ADVOCATE)
COURT OF
KARNATAKA          AND:
                   1.     UNION OF INDIA
                          MINISTRY OF LABOUR AND EMPLOYMENT,
                          GOVERNMENT OF INDIA,
                          RAJA INDUSTRIAL ESTATE,
                          YESHWANTHPUR, BENGALURU-560 022.

                   2.     THE REGIONAL PROVISION FUND COMMISSION-II
                          EMPLOYEE'S PROVIDENT FUND ORGANIZATION,
                          BHAVISHYA NIDHI BHAWAN, NO.13,
                          RAJA RAM MOHAN ROY ROAD,
                          BENGALURU-560 025.
                                 -2-
                                           NC: 2023:KHC:42179-DB
                                            WA No. 1220 of 2022




3.   MR. NAGESH POLLALI
     S/O.MR. KANTHAPPA POOJARI,
     MAJOR,
     R/AT 2-181, YOGYA MANE,
     KARIYANGALA VILLAGE,
     BANTWAL TALUK, POST POLALI,
     DAKSHINA KANNADA DISTRICT-574 219.
                                                 ...RESPONDENTS

(SRI. SHANTHI BHUSHAN. H, DSGI FOR R-1 AND 2;
 SRI. PAVAN CHANDRA SHETTY. H, ADVOCATE FOR R-3)

     THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO ALLOW THIS APPEAL AND SET ASIDE
THE ORDER DATED 21.10.2022 PASSED BY THE SINGLE JUDGE IN
WP NO.362/2021 AND CONSEQUENTLY ALLOW THE WRIT
PETITION NO.362/2021 AS PRAYED FOR AND PASS SUCH OTHER
AND FURTHER ORDERS AS DEEMED FIT IN THE FACTS AND
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE
AND EQUITY.

      THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

                             ORDER

1. By the order dated 23.11.2023, the present writ appeal was

dismissed on merits. However, before the judgment dated

23.11.2023 is signed, at the request of the learned counsel for the

appellant, the matter is taken on Board today.

2. The learned counsel for the appellant has filed a memo

stating that since the appellant - Management has decided to

accept the claim of respondent No.3 for being treated as a regular

employee, the writ appeal be dismissed as withdrawn.

NC: 2023:KHC:42179-DB

The memo is taken on record. Accordingly, the writ appeal is

dismissed as withdrawn.

In view of disposal of the writ appeal, the pending

interlocutory application does not survive for consideration and

stands disposed off.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

AHB