Karnataka High Court
The Divisional Controller vs Suresh on 2 July, 2024
-1-
NC: 2024:KHC-K:4486-DB
WA No. 200071 of 2020
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. 200071 OF 2020 (L-KSRTC)
BETWEEN:
THE DIVISIONAL CONTROLLER
NEKRTC, RAICHUR DIVISION,
RAICHUR, THROUGH ITS MANAGING DIRECTOR
REPRESENTED BY THE CHIEF OFFICER,
NEKRTC, CENTRAL OFFICE, SARIGE SADAN,
MAIN ROAD, KALABURAGI- 585 102.
...APPELLANT
(BY MISS. SANGEETA BHADRASHETTY, ADVOCATE)
AND:
Digitally signed by
BASALINGAPPA SURESH S/O BASAPPA DUDIGI,
SHIVARAJ
DHUTTARGAON AGE:43 YEARS, OCC:EX-DRIVER
Location: HIGH
COURT OF (P.NO.5075, LINGASUGUR DEPOT)
KARNATAKA R/O AT:POST:BATGUMKI,
TQ.INDI, DISTRICT:BIJAPUR- 586 209.
...RESPONDENT
(BY SRI. KRUPASAGAR PATIL, ADVOCATE)
THIS WRIT APPEAL IS FILED U/S. 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED
23.10.2019 PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.80460/2011, FURTHER BE PLEASED TO ALLOW THE
WRIT PETITION AS PRAYED FOR THEREIN.
-2-
NC: 2024:KHC-K:4486-DB
WA No. 200071 of 2020
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY
ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:
JUDGMENT
This writ appeal is filed challenging the order dated
23.10.2019 passed in W.P.No.80460/2011 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
NC: 2024:KHC-K:4486-DB
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."
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.1/2021
and 2/2021 do not survive for consideration. Accordingly,
same stand disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
MSR
