Karnataka High Court
The Divisional Controller vs Omkar on 2 July, 2024
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NC: 2024:KHC-K:4493-DB
WA No. 200054 of 2024
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. 200054 OF 2024 (L-ID)
BETWEEN:
THE DIVISIONAL CONTROLLER
NORTH EAST KARNATAKA,
ROAD TRANSPORT CORPORATION,
RAICHUR DIVISION, RAICHUR.
...APPELLANT
(BY SRI. DEEPAK V. BARAD, ADVOCATE)
AND:
OMKAR S/O GURUSIDDAPPA,
OCC. NILL, (EX-DRIVER B.NO. 1261),
NEKRTC, RAICHUR DIVISION,
Digitally signed by
BASALINGAPPA
R/O C/O. N.J. MULGE, HAGARGI,
SHIVARAJ
DHUTTARGAON
PLOT NO. 5, OM NAGAR,
Location: HIGH SEDAM ROAD,KALABURAGI.
COURT OF
KARNATAKA ...RESPONDENT
THIS WRIT APPEAL IS FILED U/S. 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED
13.07.2023 TO THE EXTENT OF THE WRIT PETITION
NO.203007/2014 PASSED BY THE LEARNED SINGLE JUDGE,
CONSEQUENTLY BE PLEASED TO DISMISS THE WRIT PETITION
FILED BY THE RESPONDENT HEREIN, 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:4493-DB
WA No. 200054 of 2024
JUDGMENT
This writ appeal is filed challenging the order dated
13.07.2023 passed in W.P.No.203007/2014 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:4493-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
