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.200107 OF 2022 (L-KSRTC) BETWEEN:
MOULALI S/O KHAJA MOINODDIN, AGE: 53 YEARS, OCC: CONDUCTOR TC NO.2425, DEPOT NO.3, GULBARGA. R/O: H.NO.674, SRI S.M.KRISHNA COLONY, ZAFARABAD VILLAGE, TQ: AND DIST: KALABURAGI - 585 103. …APPELLANT Digitally signed by (BY SRI NITESH PADIYAL, ADVOCATE) BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH AND: COURT OF KARNATAKA THE DIVISIONAL CONTROLLER, NORTH EAST KARNATAKA, ROAD TRANSPORT CORPORATION, GULBARGA DIVISION, KALABURAGI - 585 102. …RESPONDENT (BY SRI SUBHASH MALLAPUR, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE -2-
APPEAL FILED BY APPELLANT BY SETTING ASIDE THE ORDER
OF LEARNED SINGLE JUDGE, PASSED IN W.P. NO.100798/2013
DATED 05.02.2020, CONSEQUENTLY SET ASIDE THE ORDER
PASSED BY THE LEARNED LABOUR COURT IN REFERENCE NO.5/2012 DATED 04.05.2012 AND HOLD THAT HE WILL BE ENTITLED FOR ALL THE CONSEQUENTIAL BENEFITS INCLUDING THE INCREMENTS ETC., BY SETTING ASIDE THE
ORDER OF THE LABOUR COURT KALABURAGI, IN THE
INTEREST OF JUSTICE. THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, ASHOK S. KINAGI J., DELIVERED THE FOLLOWING:
JUDGMENT
This writ appeal is filed challenging the order dated 05.02.2020 passed in W.P.No.100798/2013 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 -3- 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 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. -4-
3. In view of the disposal of appeal, I.A.No.4/2022 does not survive for consideration. Accordingly, same stand disposed of. NB List No.: 1 Sl No.: 8 Ct;Vk