Karnataka High Court
The Divisional Controller Nwkrtc vs Dawalsab on 27 June, 2024
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NC: 2024:KHC-K:4355-DB
WA No.200032 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 27TH 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.200032 OF 2023 (L-TER)
BETWEEN:
THE DIVISIONAL CONTROLLER,
N.W.K.R.T.C., BAGALKOT DIVISION,
BAGALKOT, NOW REPRESENTED BY ITS
CHIEF LAW OFFICER, N.W.K.R.T.C.,
CENTRAL OFFICES, GOKUL ROAD,
HUBLI PIN CODE - 580 030.
...APPELLANT
(BY MISS.BHADRASHETTY SANGEETA, ADVOCATE)
AND:
Digitally signed by
BASALINGAPPA
SHIVARAJ SRI. DAWALSAB
DHUTTARGAON
Location: HIGH S/O DONGARSAB GHOKESAVAR,
COURT OF AGE: 71 YEARS, OCC: EX-DRIVER,
KARNATAKA
R/O: TIPPU NAGAR, 2ND CROSS,
AT: BADAMI, DIST: BAGALKOT.
...RESPONDENT
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE
APPEAL AND TO SET ASIDE THE ORDER DATED 15.04.2019
PASSED BY THE HON'BLE SINGLE JUDGE IN WRIT PETITION
NO.84919/2011 (L-TER), IN THE INTEREST OF JUSTICE AND
EQUITY.
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NC: 2024:KHC-K:4355-DB
WA No.200032 of 2023
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
15.04.2019 passed in W.P.No.84919/2011 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:4355-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.
Sd/-
JUDGE
Sd/-
JUDGE
NB
Ct: VK
