M/S Scania Commercial Vehicles India ... vs The State Of Karnataka
2024 Latest Caselaw 27266 Kant

Karnataka High Court

M/S Scania Commercial Vehicles India ... vs The State Of Karnataka on 13 November, 2024

                                               -1-
                                                      NC: 2024:KHC:46107-DB
                                                           WA No. 904 of 2024




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 13TH DAY OF NOVEMBER, 2024

                                            PRESENT
                      THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
                                               AND
                         THE HON'BLE MR. JUSTICE K. V. ARAVIND
                           WRIT APPEAL NO. 904 OF 2024 (L-RES)
               BETWEEN:

               1.   M/S. SCANIA COMMERCIAL VEHICLES
                    INDIA PVT. LTD.,
                    PLOT NO. 64-66-88/97,
                    NARASAPURA HOBLI,
                    KIADB INDUSTRIAL AREA,
                    ACCHATANAHALLI VILLAGE,
                    KOLAR TALUK AND DISTRICT - 563 133.,
                    REPRESENTED BY ITS AUTHORIZED OFFICER.
                                                                ...APPELLANT
Digitally
signed by      (BY SMT. SHWETHA RAVISHANKAR, ADVOCATE)
PRABHAKAR
SWETHA         AND:
KRISHNAN
Location:      1.   THE STATE OF KARNATAKA
High Court
of Karnataka        DEPARTMENT OF LABOUR,
                    M.S. BUILDING, DR. AMBEDKAR VEEDHI,
                    BANGALORE - 560 001.


               2.   THE ASSISTANT LABOUR COMMISSIONER
                    DIVISION-3, ROOM NO. 14,
                                -2-
                                     NC: 2024:KHC:46107-DB
                                       WA No. 904 of 2024




     GROUND FLOOR,
     KARMIKA BHAVAN,
     BANNERGHATTA ROAD,
     NEAR DAIRY CIRCLE,
     BENGALURU - 560 029.


3.   SHRI DEEPAK BHAT
     S/O. SHRIPAD BHAT,
     AGED ABOUT 45 YEARS,
     R/O. NO. 375, EWS BDA LAYOUT,
     1ST CROSS, 2ND BLOCK,
     J. P. NAGAR, 8TH PHASE,
     BANGALORE - 560 076.


                                         ...RESPONDENTS

(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)


      THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA

HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER

DATED 08/04/2024 PASSED BY THE LEARNED SINGLE JUDGE

IN W.P.NO.28534/2023.


      THIS APPEAL COMING ON FOR PRELIMINARY HEARING

THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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                                          NC: 2024:KHC:46107-DB
                                             WA No. 904 of 2024




CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N. V. ANJARIA
       and
       HON'BLE MR JUSTICE K. V. ARAVIND


                       ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The appellant who is the original respondent No.3 -

company by filing this appeal has called in question, the order

dated 08.04.2024 passed by learned Single Judge, whereby

learned Single Judge set aside the impugned order dated

18.07.2022 passed by respondent No.2 - the Assistant Labour

Commissioner and directed the said authority to submit the

report of conciliation to respondent No.1 - the Department of

Labour within a period of four weeks.

2. On 01.08.2024, the following order was passed by this

Court,

"Before the Court proceeds to consider the challenge to the impugned order on merits, it would be expedient to know the status of direction No.(ii) issued by learned Single Judge directing respondent No.2 to submit the report of conciliation.

Learned Additional Government Advocate Smt. Niloufer Akbar will apprise the Court about the developments to further find out whether the report directed to be submitted by the Court is prepared and submitted or not."

NC: 2024:KHC:46107-DB

3. Today, when the appeal came up for consideration,

learned Government Advocate Mr. K. S. Harish stated that the

report of conciliation has already been submitted to the

Government. It was further stated that upon the report of

conciliation, the State Government has passed necessary order

dated 02.09.2024. As per the said order, respondent

authorities have referred the industrial dispute for adjudication

to the industrial tribunal.

4. In the above view, the appeal does not survive. The

factum of non-survival of the appeal could not be disputed by

learned advocate Smt. Shwetha Ravishankar for the appellant.

5. The appeal is accordingly disposed of as not surviving.

In view of disposal of the appeal, the interlocutory

applications, as may be pending, would not survive and they

stand accordingly disposed of.

Sd/-

(N. V. ANJARIA) CHIEF JUSTICE

Sd/-

(K. V. ARAVIND) JUDGE