General Secretary vs Deputy Labour Commissioner and Certifying Officer Bengaluru

Type Court Judgment Court Karnataka Decided Jan 15, 2025

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Citation: sooperkanoon.com/1786623
Court: Karnataka High Court
Judge: Chief Justice,M.I.Arun
Decided On: Jan 15, 2025
Case Number: WA/1837/2024

Parties & Advocates

Appellant / Petitioner

General Secretary

Respondent

Deputy Labour Commissioner and Certifying Officer Bengaluru

Excerpt

.....and certifying officer bengaluru region 1, karnataka state labour institute building manjunatha nagara bagalagunte bangalore - 500 073 -2-2. additional labour commissioner and the appellate authority under the industrial employment (standing orders) act, 1946 karmika bhavana, dairy circle bannerghatta road bangalore - 560 0293. the management of lmwind power blades india private limited the companies act, 1956) …respondents (sri k.s. harish, government advocate for respondent nos.1 and 2) this writ appeal filed under section 4 of the karnataka high court act praying to admit theinstant appeal and set aside the impugned orderdated 16/10/2024 and 07/11/2024, passed by the ld. single judge in wp no.13975/2023 and allow the instant appeal. this appeal, coming on for preliminary hearing, this day, judgment was delivered therein as under: -3- coram: hon'ble the chief justice mr. justice n. v. anjaria and hon'ble mr justice m.i.arunoral judgment(per: hon'ble the chief justice mr. justice n. v. anjaria) the present appeal is directed against the order passed by learned single judge whereby, hearing of the interim application in the pending writ petition has been deferred to different dates. the grievance of the appellant-petitioner is that the prayer in the interim application was for permitting the employees concerned to continue beyond the prevalent retirement age of 58 years. the employees seek retirement at the age of 60 years under the standing orders. mere deferring of the prayer in interim application does not give cause of action for preferring the appeal. the issue remains at large before learned single judge to be considered on merits. the appeal is misconceived. the appeal is accordingly dismissed. it is expected that learned single judge will take up the interim application and decide it in accordance with law as -4- expeditiously as possible. it will be open for the appellant- petitioner to request learned single judge for expeditious.....

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 1837 OF 2024 (L-RES) BETWEEN:
1. GENERAL SECRETARY LM WIND POWER BLADES GENERAL EMPLOYEES UNION TRADE UNIONS ACT, 1926) REPRESENTED BY ITS GENERAL SECRETARY A S N SHAMBANNA Digitally …APPELLANT signed by (BY SRI. ADITYA CHATTERJEE, ADVOCATE) AMBIKA H B Location: High Court AND: of Karnataka 1. DEPUTY LABOUR COMMISSIONER AND CERTIFYING OFFICER BENGALURU REGION 1, KARNATAKA STATE LABOUR INSTITUTE BUILDING MANJUNATHA NAGARA BAGALAGUNTE BANGALORE - 500 073 -2-
2. ADDITIONAL LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY UNDER THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 KARMIKA BHAVANA, DAIRY CIRCLE BANNERGHATTA ROAD BANGALORE - 560 029
3. THE MANAGEMENT OF LM
WIND POWER BLADES INDIA PRIVATE LIMITED THE COMPANIES ACT, 1956) …RESPONDENTS (SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ADMIT THE

INSTANT APPEAL AND SET ASIDE THE IMPUGNED ORDER

DATED 16/10/2024 AND 07/11/2024, PASSED BY THE LD. SINGLE JUDGE IN WP NO.13975/2023 AND ALLOW THE INSTANT APPEAL. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: -3- CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN

ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The present appeal is directed against the order passed by learned Single Judge whereby, hearing of the interim application in the pending writ petition has been deferred to different dates. The grievance of the appellant-petitioner is that the prayer in the interim application was for permitting the employees concerned to continue beyond the prevalent retirement age of 58 years. The employees seek retirement at the age of 60 years under the Standing Orders. Mere deferring of the prayer in interim application does not give cause of action for preferring the appeal. The issue remains at large before learned Single Judge to be considered on merits. The appeal is misconceived. The appeal is accordingly dismissed. It is expected that learned Single Judge will take up the interim application and decide it in accordance with law as -4- expeditiously as possible. It will be open for the appellant- petitioner to request learned Single Judge for expeditious hearing. In view of dismissal of the appeal, the interlocutory applications would not survive and they stand accordingly disposed of. (N. V. ANJARIA) CHIEF JUSTICE (M.I.ARUN) JUDGE AHB List No.: 1 Sl No.: 20

Same Court & Year Karnataka · 2025 Same Parties General Secretary vs Deputy Labour Commissioner and Certifyin... Same Judge Chief Justice,M.I.Arun