Karnataka High Court
The Divisional Controller Nekrtc vs Khamruddin on 25 June, 2024
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NC: 2024:KHC-K:4242-DB
WA No.200003 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 25TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT APPEAL NO.200003 OF 2024 (L-KSRTC)
BETWEEN:
THE DIVISIONAL CONTROLLER,
N.E.K.R.T.C.,
RAICHUR DIVISION,
RAICHUR - 584 101.
...APPELLANT
(BY SRI. DEEPAK V. BARAD, ADVOCATE)
AND:
Digitally signed by
BASALINGAPPA
KHAMRUDDIN
SHIVARAJ S/O MD. KHALEEL,
DHUTTARGAON
Location: HIGH AGE: 58 YEARS,
COURT OF
KARNATAKA OCC: NIL (EX MECHANIC),
R/O : H.NO.12-12-83/15D,
HAJI COLONY,
ARAB MOHALLA,
RAICHUR - 584 101.
...RESPONDENT
(BY SRI R.J. BHUSARE, ADVOCATE)
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NC: 2024:KHC-K:4242-DB
WA No.200003 of 2024
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE
THE ORDER DATED 08.09.2023 TO THE EXTENT OF THE WRIT
PETITION NO.208261/2017 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 WRIT APPEAL COMING ON FOR ORDERS THIS DAY,
ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:
JUDGMENT
This writ appeal is filed challenging the order dated
08.09.2023 passed in W.P.No.208261/2017, wherein the
award passed by the Labour Court is set aside. 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
NC: 2024:KHC-K:4242-DB
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 Ho'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.
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3. In view of the disposal of appeal, IA.Nos.1/2023
and 2/2023 do not survive for consideration. Accordingly,
same stand disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
MSR
Ct;Vk
