The Divisional Controller vs Poolchand S/O Maruttappa Kasar

Type Court Judgment Court Karnataka Kalaburagi Decided Jun 27, 2024

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Citation: sooperkanoon.com/1849719
Court: Karnataka Kalaburagi High Court
Judge: Ashok S. Kinagi,Rajesh Rai K
Decided On: Jun 27, 2024
Case Number: WA/200053/2020

Parties & Advocates

Appellant / Petitioner

The Divisional Controller

Respondent

Poolchand S/O Maruttappa Kasar

Excerpt

.....nil, (ex-conductor location: high court of t.c.no.2083, aland post), karnataka r/o: mashal, tq: afzalpur, dist: kalaburagi - 585 103. …respondent (notice to respondent served) this writ appeal is filed under section 4 of the karnataka high court act, praying to set aside theorder dated 14.10.2019 passed by the learned singlejudge in w.p.no.102903/2013 (l-ksrtc), and consequently allow the said writ petition, in the interest of justice and equity. -2- this writ appeal coming on for final hearing this day, ashok s. kinagi j., delivered the following:judgmentthis writ appeal is filed challenging the order dated 14.10.2019 passed in w.p.no.102903/2013 by the learned single judge. the writ petition filed by the petitioner isheld 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 theintra court appeal is not maintainable against the orderpassed 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) inw.a.no.100230/2023, disposed of on 12.04.2023, heldthat the intra court appeal is not maintainable. theappellant, in the said writ appeal aggrieved by the orderdated 12.04.2023, preferred special leave petition before -3- the hon’ble apex court in slp (civil) diarynos.32290/2023. the hon’ble apex court vide orderdated 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 ofmanagement of bharat fritz werner ltd. bangalore, the intra court appeal filed by the appellant is not maintainable......

Full Judgment

-1- 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.200053 OF 2020 (L-KSRTC) BETWEEN: THE DIVISIONAL CONTROLLER, NORTH EAST KARNATAKA ROAD, TRANSPORT CORPORATION, KALABURAGI DIVISION, KALABURAGI - 585 101. …APPELLANT (BY SRI MAHANTESH PATIL, ADVOCATE)

AND: POOLCHAND S/O MARUTTAPPA KASAR, Digitally signed by BASALINGAPPA AGE: 65 YEARS, SHIVARAJ DHUTTARGAON OCC: NIL, (EX-CONDUCTOR Location: HIGH COURT OF T.C.NO.2083, ALAND POST), KARNATAKA R/O: MASHAL, TQ: AFZALPUR, DIST: KALABURAGI - 585 103. …RESPONDENT (NOTICE TO RESPONDENT SERVED) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE

ORDER DATED 14.10.2019 PASSED BY THE LEARNED SINGLE

JUDGE IN W.P.NO.102903/2013 (L-KSRTC), AND CONSEQUENTLY ALLOW THE SAID WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. -2- THIS WRIT APPEAL COMING ON FOR FINAL HEARING THIS DAY, ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:

JUDGMENT

This writ appeal is filed challenging the order dated 14.10.2019 passed in W.P.No.102903/2013 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 -3- 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. NB List No.: 1 Sl No.: 5 CT: VK

Same Court & Year Karnataka Kalaburagi · 2024 Same Parties The Divisional Controller vs Poolchand S/O Maruttappa Kasar Same Judge Ashok S. Kinagi,Rajesh Rai K