Citation : 2024 Latest Caselaw 19156 Kant
Judgement Date : 31 July, 2024
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NC: 2024:KHC:30232-DB
WA No. 615 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
PRESENT
THE HON'BLE MR JUSTICE V KAMESWAR RAO
AND
THE HON'BLE MR JUSTICE RAJESH RAI K
WRIT APPEAL NO. 615 OF 2023 (L-RES)
BETWEEN:
MR. D. CHARLES,
AGED ABOUT 64 YEARS,
S/O LATE A.DHANARAJ,
MAJ.R/AT NO. 36, MARIA VILLA,
7TH B CROSS, EX-SERVICE MEN,
COLONY (ABBAIAH REDDY LAYOUT)
BANASWADI, BENGALURU -560 043.
...APPELLANT
(BY SMT. SAROJINI MUTHANNA.K, ADVOCATE)
Digitally signed by
MAYAGAIAH AND:
VINUTHA
Location: HIGH
COURT OF M/S BOSCH LTD.,
KARNATAKA
P.B.NO. 3000, ADUGODI HOSUR ROAD,
BENGALURU -560 030.
REP BY ITS MANAGING DIRECTOR.
...RESPONDENT
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO a) SET ASIDE THE TWO
IMPUGNED ORDERS DATED 17/02/2023 AND 27/03/2019
ANNEXURES-A AND B IN WP NO.12397/2023 AND UPHOLD THE
AWARD DATED 6/09/2017 IN REF.NO.24/15 BASED ON THE
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NC: 2024:KHC:30232-DB
WA No. 615 of 2023
LABOUR COURT RECORDS AS PER PRINCIPLES OF NATURAL
JUSTICE AND ETC.
THIS WRIT APPEAL, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE V KAMESWAR RAO
and
HON'BLE MR JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE V KAMESWAR RAO)
This appeal has been filed by the appellant challenging
the order dated 17.02.2023 passed by the learned Single Judge
in W.P.No.12397/2018, whereby the learned Single Judge has
disposed of the petition by stating as under:
"ORDER
i) Petition is allowed.
ii) The award dated 06.09.2017 and the order dated 28.02.2018 in reference No.24/2015 and M.A.No.4/2017 passed by the II Additional Labour Court, Bengaluru is hereby quashed on cost of Rs.50,000/- to be paid to the workman.
iii) Pending applications stand disposed off.
iv) The submission of Sri. K. Kasturi, learned Senior Counsel that MW-1 is the only witness of the management is placed on record, the Labour Court is directed to dispose off the matter within a period of four months from 21.03.2023."
NC: 2024:KHC:30232-DB
2. We have been informed by the learned counsel for
the appellant that pursuant to the order of the learned Single
Judge, the Labour Court has decided Reference No.24/2015
and MA.No.4/2017, whereby the Labour Court has granted
back-wages to the appellant herein without any order of
reinstatement. She concedes to the fact that the said award of
the Labour Court is under challenge by the respondent herein in
W.P.No.3962/2024 which is pending consideration before the
learned Single Judge, and as such, she wishes to withdraw the
present appeal.
3. Noting the said submission made by the learned
counsel for the appellant, this appeal is dismissed as
withdrawn.
Sd/-
(V KAMESWAR RAO) JUDGE
Sd/-
(RAJESH RAI K) JUDGE
KTY
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