Karnataka High Court
The Divisional Controller vs Karankumar on 27 June, 2024
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NC: 2024:KHC-K:4354-DB
WA No.200022 of 2024
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.200022 OF 2024 (L-KSRTC)
BETWEEN:
THE DIVISIONAL CONTROLLER,
NORTH EAST KARNATAKA,
ROAD TRANSPORT CORPORATION,
KALABURAGI DIVISION,
KALABURAGI - 585 101.
...APPELLANT
(BY SRI DEEPAK V.BARAD, ADVOCATE)
AND:
Digitally signed by KARANKUMAR
BASALINGAPPA
SHIVARAJ S/O HULEPPA,
DHUTTARGAON
Location: HIGH AGE ABOUT 38 YEARS,
COURT OF OCC: NIL (EX. DRIVER-CUM-CONDUCTOR
KARNATAKA
NO.LC-342, DEPOT NO.II),
R/O: BASVAKALYAN,
DIST: BIDAR - 585 401.
...RESPONDENT
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
ORDER DATED 13.07.2023 TO THE EXTENT OF THE WRIT
PETITION NO.203333/2019 PASSED BY THE LEARNED SINGLE
JUDGE, CONSEQUENTLY BE PLEASED TO DISMISS THE WRIT
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NC: 2024:KHC-K:4354-DB
WA No.200022 of 2024
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
13.07.2023 passed in W.P.No.203333/2019 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
NC: 2024:KHC-K:4354-DB
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.
Sd/-
JUDGE
Sd/-
JUDGE
NB
Ct;Vk
