Karnataka High Court
The Divisional Controller vs Y.T.Waddar S/O Timmappa Waddar And Ors on 2 July, 2024
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NC: 2024:KHC-K:4484-DB
WA No. 200533 of 2017
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. 200533 OF 2017 (L-KSRTC)
BETWEEN:
THE DIVISIONAL CONTROLLER
NEKRTC CENTRAL OFFICE,
KALABURAGI,
REP. BY ITS CHIEF LAW OFFICER.
...APPELLANT
(BY SRI. RATNA N. SHIVAYOGIMATH, ADVOCATE)
AND:
Digitally signed by
Y.T. WADDAR S/O TIMMAPPA WADDAR
BASALINGAPPA
SHIVARAJ
SINCE DECEASED BY HIS LRS.
DHUTTARGAON
Location: HIGH
COURT OF 1. SMT. AKKAMAHADEVI
KARNATAKA
W/O LATE Y. T. WADDAR,
AGED ABOUT 47 YEARS,
OCC: H H WORK.
2. KUM. KUSMA @ SUDA
D/O LATE Y. T. WADDAR,
AGED ABOUT 25 YEARS.
3. SHAMALA
D/O LATE Y. T. WADDAR
AGED ABOUT 22 YEARS.
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WA No. 200533 of 2017
4. PRAVEEN KUMAR
S/O LATE Y. T. WADDAR
AGED ABOUT 20 YEARS.
5. SOUJANYA
D/O LATE Y. T. WADDAR
AGED ABOUT 19 YEARS.
ALL ARE R/O HALAKERI
TQ. AND DISTRICT: GADAG- 582 101.
...RESPONDENTS
(NOTICE TO R1 TO R4 ARE SERVED,
WRIT APPEAL DISMISSED AGAINST R5)
THIS WRIT APPEAL IS FILED U/S. 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED
30.08.2017 PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.202087/2017 (L-KSRTC), BY ALLOWING THE WRIT
PETITION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:
JUDGMENT
This writ appeal is filed challenging the order dated
30.08.2017 passed in W.P.No.202087/2017 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
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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
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."
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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.
3. In view of the disposal of appeal, IA.Nos.2/2017
does not survive for consideration. Accordingly, same
stand disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
MSR
CT;BN
