Karnataka High Court
T Ramakrishna vs The Management Of M/S Karnataka on 20 February, 2024
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
-1-
NC: 2024:KHC:7142-DB
WA No. 1343 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT APPEAL NO. 1343 OF 2023 (L-KSRTC)
Digitally signed by BETWEEN:
ANUSHA V
Location: HIGH T. RAMAKRISHNA
COURT OF S/O G. THIMMAIAH
KARNATAKA AGED ABOUT 64 YEARS
RESIDING AT NO.21/2
KATHIRAIAHANAPALYA
INDIRANGARA POST
BANGALORE 560 038 ...APPELLANT
(BY SHRI. G.K. BASAVARAJA PATEL, ADVOCATE)
AND:
THE MANAGEMENT OF M/S KARNATAKA
STATE ROAD TRANSPORT CORPORATION
REPRESENTED BY ITS
CHIEF TRAFFIC MANAGER
CENTRAL OFFICES, K.H.ROAD
SHANTHINGAR
BANGALORE- 560 027 ...RESPONDENT
(BY SHRI. H.R. RENUKA, ADVOCATE)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT
ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE IN
WP NO.21390/2009 DATED 18.07.2018 AS ERRONEOUS AND SET ASIDE THE
ORDER DATED 30.05.2023 IN WP NO.21390/2009 PASSED BY THE LEARNED
SINGLE JUDGE ON IA NO.1/2022 AND IA NO.2/2022 AND ETC.,
-2-
NC: 2024:KHC:7142-DB
WA No. 1343 of 2023
THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE, DELIVERED THE FOLLOWING
JUDGMENT
This intra-court appeal filed after a lapse of 1181 days
is directed against the order dated July 18, 2018
in W.P.No.21390/2009.
2. Heard Shri G.K.Basavaraja Patel, learned advocate for
the appellant and Smt.H.R.Renuka, learned standing counsel
for KSRTC1 both on delay and merits.
3. Appellant-petitioner has remained unauthorizedly absent
for more than one year. He has not chosen to explain the same
before the Labour Court. Challenging the order passed by the
Labour Court (Annexure-N in I.D.No.58/2000), petitioner has
filed the instant writ petition and it has been dismissed for
non-prosecution. In order dated 18.07.2018, it is recorded that
on the previous date of hearing also there was no representation.
Subsequently, as application to recall the said order was filed.
On 30.05.2023, the said application was dismissed. The instant
appeal is filed after lapse of 1181 days.
Karnataka State Road Transport Corporation
NC: 2024:KHC:7142-DB
4. Shri Patel submitted that reckoned from the date of
dismissal of I.As.No.1/2022 and 2/2022 dated 30.05.2023,
there is not much delay in filing this appeal.
5. We may record that writ petition was dismissed on
18.07.2018. By recording a detailed order, the application for
recalling filed in the year 2022 and the application for
condonation of delay have also been dismissed.
6. Smt.Renuka, adverting to para 13 of the order passed by
the Presiding Officer (Annexure-N), pointed out that workman
had remained unauthorizedly absent for more than one year.
The Labour Court has recorded a finding that workman did not
come forward to explain the reason for his absence.
7. In reply, Shri Patel submitted that appellant was not
permitted to work.
8. We have carefully considered rival contentions and
perused records.
9. In view of the finding recorded by the Labour Court that
no explanation was given and dismissal of writ petition for
non-appearance and subsequent delay in filing application for
recalling; and further delay of 1181 days in filing this appeal,
NC: 2024:KHC:7142-DB
we are of the view that this appeal is liable to be dismissed for
delay and laches. Accordingly, it is dismissed.
10. In view of disposal of this appeal, pending interlocutory
applications, do not survive for consideration and they stand
disposed of.
No costs.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
AV
