Karnataka High Court
North East Karnataka Road Transport ... vs Dilip Kumar S/O Mukundrao Kulkarni on 2 July, 2024
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NC: 2024:KHC-K:4494-DB
WA No. 200183 of 2021
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT APPEAL NO. 200183 OF 2021 (L-KSRTC)
BETWEEN:
THE NORTH EASTERN ROAD TRANSPORT
CORPORATION, THROUGH IS MANAGING DIRECTOR,
SARIGE SADAN, MAIN ROAD,GULBARGA, NOW
REPRESENTED BY ITS CHIEF LAW OFFICER,
PIN CODE - 585102.
...APPELLANT
(BY MISS. SANGEETA BHADRASHETTY, ADVOCATE)
AND:
DILIP KUMAR S/O MUKUNDRAO KULKARNI
Digitally signed by
BASALINGAPPA AGE: MAJOR, OCC. NIL,
SHIVARAJ R/O. 9-1-497, NANDI COLONY,
DHUTTARGAON
Location: HIGH NEAR CHIKKAMANI HIGH SCHOOL,
COURT OF
KARNATAKA KEB, BIDAR- 584 102.
...RESPONDENT
THIS WRIT APPEAL IS FILED U/S. 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED
17.03.2020 PASSED BY THE HON'BLE SINGLE JUDGE IN
W.P.NO.81727/2011, FURTHER BE PLEASED TO ALLOW THE
WRIT PETITION AS PRAYED FOR THEREIN, IN THE INTEREST
OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY
ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:
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NC: 2024:KHC-K:4494-DB
WA No. 200183 of 2021
JUDGMENT
This writ appeal is filed challenging the order dated
17.03.2020 passed in W.P.No.81727/2011 by the learned
Single Judge. The writ petition filed by the petitioner is
held to be under Article 227 of the Constitution of India,
and Co-ordinate bench of this Court in the case of
Management of Bharat Fritz Werner Ltd., Bangalore
Vs. Bharat Fritz Werner Karmika Sangha Bangalore,
reported in AIR Online 2022 KAR 4396, held that the
intra Court appeal is not maintainable against the order
passed by the learned Single Judge being a challenge to
the judicial order of the Labour Court. The co-ordinate
Bench of this Court referring the order passed in
Management of Bharat Fritz Werner Ltd. (supra) in
W.A.No.100230/2023, disposed of on 12.04.2023, held
that the intra Court appeal is not maintainable. The
appellant, in the said writ appeal aggrieved by the order
dated 12.04.2023, preferred Special Leave Petition before
the Hon'ble Apex Court in SLP (Civil) Diary
Nos.32290/2023. The Hon'ble Apex Court vide order
NC: 2024:KHC-K:4494-DB
dated 15.03.2024 dismissed the Special Leave Petition and
observed as under:
"We see no infirmity with the view taken by
the Division Bench of the High Court in the
impugned orders. The special leave petitions are
accordingly dismissed."
2. In view of the law laid down in the case of
Management of Bharat Fritz Werner Ltd. Bangalore,
the intra Court appeal filed by the appellant is not
maintainable. Accordingly, writ appeal is dismissed as not
maintainable.
Sd/-
JUDGE
Sd/-
JUDGE
MSR
CT;BN
