Karnataka High Court
Siddaram S/O Annappa Chincholi vs The Divisional Controller Nekrtc And ... on 27 June, 2024
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NC: 2024:KHC-K:4375-DB
WA No.200070 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.200070 OF 2023 (L-KSRTC)
BETWEEN:
SIDDARAM S/O ANNAPPA CHINCHOLI,
AGE: 58 YEARS,
OCC: TRAFFIC CONTROLLER,
R/O: M.I.NO.58, ADARSH NAGAR,
VIJAYAPUR - 586 101.
...APPELLANT
(BY SRI NITESH PADIYAL, ADVOCATE)
AND:
Digitally signed by 1. THE DIVISIONAL CONTROLLER,
BASALINGAPPA
SHIVARAJ N.E.K.R.T.C., VIJAYAPURA DIVISION,
DHUTTARGAON
Location: HIGH ATHANI ROAD, VIJAYAPUR - 586 101.
COURT OF
KARNATAKA
2. THE DIVISIONAL CONTROLLER,
K.S.R.T.C. CENTRAL OFFICE,
SHANTI NAGAR, BENGALURU - 01.
3. THE DIVISIONAL CONTROLLER,
K.S.R.T.C. MYSORE DIVISION,
MYSORE - 570 002.
...RESPONDENTS
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NC: 2024:KHC-K:4375-DB
WA No.200070 of 2023
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE APPEAL
FILED BY APPELLANT BY SETTING ASIDE THE ORDER OF LEARNED
SINGLE JUDGE, PASSED IN W.P.NO.201854/2021 DATED 23.02.2022
IN THE INTEREST OF JUSTICE.
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
23.02.2022 passed in W.P.No.201854/2021 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
NC: 2024:KHC-K:4375-DB
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
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, pending I.As., if
any, stand disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
NB
List No.: 1 Sl No.: 13 Ct: VK
