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Karnataka High Court

M/S. Bharath Beedi Works Pvt. Ltd., vs Karnataka Pradesh Bharatiya Mazdoor ... on 13 August, 2018

Bench: Raghvendra S.Chauhan, H T Narendra Prasad

                                 1




       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 13TH DAY OF AUGUST 2018

                              PRESENT

     THE HON'BLE MR. JUSTICE RAGHVENDRA S. CHAUHAN

                               AND

       THE HON'BLE MR. JUSTICE H. T. NARENDRA PRASAD

             WRIT APPEAL No.4197 OF 2017 (L-MW)
                            AND
                WRIT APPEAL No.4200 OF 2017

BETWEEN:

M/s Bharath Beedi Works Pvt. Ltd.,
Kadri Road, Mangalore-575 005.
Rep. by its Authorized Signatory
Sri B. Satish Pai.                                  ... Appellant

                 (By Sri. Vivek Holla., Advocate)


AND:

1.     Karnataka Pradesh Bharatiya
       Mazdoor Sangh
       Rep. by its President
       Sri. K. Veishwanath Shetty
       C/o BMS Office
       S.C. Road, Bangalore-560 009.

2.     Smt. Vishalakshi
       Aged about 43 years
       W/o Sudhakar Kotian
       Radha Kripa, Palimar
                                 2



      Post Hejamadi
      Udupi District-574 103.

3.    Government of Karnataka
      Rep. by its Labour Secretary
      Vikasa Soudha
      Bangalore-560 001.                         ... Respondents


         (By Sri.Adarsh Gangal, Advocate for R1 & R2:
                Sri. S.S. Mahendra, AGA for R3)


     These writ appeals are filed under Section 4 of Karnataka
High Court Act, praying to set aside the order passed in
W.P.Nos. 46034-46035/2015 dated: 09.11.2016.

    These writ appeals, coming on for orders, this day,
Raghvendra S. Chauhan J, delivered the following:


                       JUDGMENT

The respondent Nos. 1 and 2 have filed an application for withdrawing W.P.Nos.46034-46035/2015. In the said writ petitions, the respondents have challenged the legality of the notification dated 08.04.2015, issued by the Government, exempting the payment of variable dearness allowance for 2015-

16. 3

2. For the reasons stated in the application, the application is hereby allowed. W.P.Nos.46034-46035/2015 are dismissed as withdrawn. Consequently, the appeals also stand disposed of.

Sd/-

JUDGE Sd/-

JUDGE Cm/-