Karnataka High Court
The North East Karnataka And Anr vs Sajjad Begum And Ors on 2 July, 2024
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NC: 2024:KHC-K:4509-DB
WA No. 200075 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. 200075 OF 2020 (S-KSRTC)
BETWEEN:
1. THE NORTH EAST KARNATAKA ROAD
TRANSPORT CORPORATION,
THROUGH ITS MANAGING DIRECTOR,
SARIGE SADAN, MAIN ROAD, KALABURAGI.
2. THE NORTH EAST KARNATAKA ROAD
TRANSPORT CORPORATION,
THROUGH ITS DIVISIONAL CONTROLLER,
RAICHUR DIVISION, RAICHUR.
Digitally signed by
BOTH APPELLANTS 1 & 2 ARE REPRESENTED
BASALINGAPPA
SHIVARAJ
BY ITS CHIEF LAW OFFICER, NEKRTC,
DHUTTARGAON CENTRAL OFFICE, SARIGE SADAN, MAIN ROAD,
Location: HIGH
COURT OF KALABURAGI- 585 102.
KARNATAKA
...APPELLANTS
(BY MISS. SANGEETA BHADRASHETTY, ADVOCATE)
AND:
1. SAJJAD BEGUM
W/O LATE SALEEM PASHA,
AGE: 59 YEARS, OCC: HOUSEHOLD.
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WA No. 200075 of 2020
2. MD. YOUSUF
S/O LATE SALEEM PASHA
AGE: 34 YEARS, OCC: NIL.
3. WAHIDA BEGUM
D/O LATE SALEEM PASHA
AGE: 31 YEARS, OCC: NIL.
4. HAJIALI
S/O LATE SALEEM PASHA
AGE: 26 YEARS, OCC: STUDENT.
5. GOSEYA BEGUM
D/O LATE SALEEM PASHA
AGE: 24 YEARS, OCC: STUDENT.
6. TANIYA BEGUM
D/O LATE SALEEM PASHA
AGE: 22 YEARS, OCC: STUDENT.
ALL R/O KADARIYA COLONY,
NEAR SUBBARAO OIL MILL,
TQ. SINDHANOOR,
DISTRICT: RAICHUR -584128.
...RESPONDENTS
(BY SRI. R.J. BHUSARE, ADVOCATE)
THIS WRIT APPEAL IS FILED U/S. 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED
12.09.2019 PASSED BY THE LEARNED SINGLE JUDGE IN
W.P.NO.80084/2011 FURTHER BE PLEASED TO DISMISS 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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WA No. 200075 of 2020
JUDGMENT
This writ appeal is filed challenging the order dated
12.09.2019 passed in W.P.No.80084/2011 and connected
matters by the learned Single Judge. The writ petition filed
by the petitioners 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:4509-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.
3. In view of the disposal of appeal, IA.Nos.2/2021
and 3/2021 do not survive for consideration. Accordingly,
same stand disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
MSR
CT;BN
