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Sri K L J a Kiran Babu Vs. the Management of Hewltt Packard Globalsoft Private Limited - Court Judgment

SooperKanoon Citation
SubjectCriminal
CourtKarnataka High Court
Decided On
Case NumberWRIT PETITION NOS.7220/ 2008 C/W 2109/ 2009 & 10816/ 2008. (L-RES).
Judge
ActsCode of civil Procedure Code , 1908 - Section 151 ; Code of Indian Penal Code (IPC), 1860 - Sections 322, 374, 120b, 120A ;
AppellantSri K L J a Kiran Babu
RespondentThe Management of Hewltt Packard Globalsoft Private Limited
Respondent AdvocateSHRI K R ANAND, ADV.
Excerpt:
.....helwlett-packard globaslsoft private limited. for having continuously disobeyed the orders of the labor court to file its objection statement, within the time fixed by the honorable labor court, as per the order vffl, rule 10 of the code of civil procedure 1908. wp no.2109/2009 is filed under articles 226 and 227 of the constitution of india, praying to direct the management of the hewlett packard global soft private limited, to grant petitioner ks.e:oq,oc,000/- for causing enormous amount of exhaustion & hardship to 'my life11 for months together, with its deceitful offences. wp no.10816/2003 is filed under articles 226 and 227 of the constitution of india, praying to confirm whether these violations are the absolute reflections of 'criminal conspiracy in accordance with the ipc..........with its deceitful offences".4. thus, it is clear that the relief sought in all the three writ petitions in one way or the other are linked to termination of services of the petitioner by the respondent- management.5. when the matter was taken up today, party in person filed another i.a. in w.p.no.7220/2008 once again referring to various articles of constitution and several decisions of the apex court and finally has sought for a direction to the res pendent-company to provide a reasonable amount as interim relief to the petitioner.6. referring to the aforesaid prayers in the writ petitions as well as i.a. filed today, learned counsel shri k.r.anand for respondent submitted that all the reliefs sought have become in fructuous in view of the subsequent development as could be.....
Judgment:
ORDER

1. These three writ petitions are by the party in person and the relief claimed in these petitions arises out of the dismissal of the petitioner from services of the respondent-company. The order of termination dated 30th July 2007 has given raise to the aforesaid petitions being filed by the petitioner.

2. W.P.7220/2008 is filed by the petitioner and the relief sought are to direct the respondent tt file objection statement before the Labor Court and also to pronounce the judgment against the respondent-company. In W.P.No. 10816/ 2008, the relief sought is as under:

"Wherefore, the petitioner most humbly prays, that this Honble Court may kindly clarify, whether these aforesaid offences are the typical reflections of 'criminal conspiracy' La the light of IPC Section 120A, and well coordiriatsd intentions to cause 'grievous hurt to the already existing bone fracture in the light of IPC Section 322, and 'unlawful compulsion' in the light of IPC Section 374, on an employee more specifically in his crippled, vulnerable and helpless health condition, with a bone fracture".

3. In W.P.No.2109/2009, the petitioner after referring to various Articles of the Constitution has sought for the following relief.

"Wherefore, may I most humbly pray this Honble Court to kindly direct the Management of the Hewlett Packard GlobalSoft Private Limited, to grant me Rs.8,00,00,000/- for causing enormous amount of exhaustion and hardship to 'my life' for months together, with its deceitful offences".

4. Thus, it is clear that the relief sought in all the three writ petitions in one way or the other are linked to termination of services of the petitioner by the respondent- management.

5. When the matter was taken up today, party in person filed another I.A. in W.P.No.7220/2008 once again referring to various Articles of Constitution and several decisions of the Apex Court and finally has sought for a direction to the res pendent-company to provide a reasonable amount as interim relief to the petitioner.

6. Referring to the aforesaid prayers in the writ petitions as well as I.A. filed today, learned Counsel Shri K.R.Anand for respondent submitted that all the reliefs sought have become in fructuous in view of the subsequent development as could be noticed from the proceedings of the Labor Court, It is submitted that based on the Memo filed by the petitioner, the Labor Court had dismissed the I.D.No. 10/2006 end therefore nothing remains for this Court to do and all the prayers sought in the aforementioned writ petitions therefore have become redundant in the light of the withdrawal of the case itself by the petitioner.

7. In the light of the aforesaid factors, I have also perused the order of the Addl. Labor Court which is produced at Annexure-R4 to the objections filed by the respondent-company. In the order passed on 7.2.2009, the Addl. Labor Court has observed thus, "The first party Sri.Kiran Babu present. The first party files memo today contending to the fact that it would be amply clear beyond doubt that the first party was performing no work which would bring him within the definition of a workman. Hence, the first party does not prefer to go ahead with this case. The first party has also filed another application under Section 151 of CPC under Art.21 and 32 of the Constitution of India, wherein also it is pleaded that it would be amply clear beyond doubt that the first party was performing no work, which would bring him within the definition of workman. The copies are served to one Sri Narayan who is clerk of advocate of Sri.K.R.Anand. The second party is absent.

When the first party enquired submits that the petition may be closed and that he does not wish to continue the same. In view of the memo and. application submitted by the first party as well as in view of his submission made before this court, I proceed to pass the following order.

ORDER

.The I.D.No.10/2008 filed by the first party is hereby dismissed as desired by the first party. No cost".

8. It is therefore clear from the aforesaid proceedings of the Addl Labor Court that the petitioner himself has filed a memo stating that he does not wish to continue the case. Taking note of the said Memo of the petitioner, the Addl. Labor Court has rightly dismissed I.D.No.10/2008. In view of the aforesaid order passed by the Addl. Labor Court, all the prayers sought in the above writ petitions do not survive for consideration.

Writ petitions therefore are dismissed.


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