North East Karnataka Road Transport ... vs Shivasharanappa S/O Basanna Rawathgol on 14 October, 2015

[Cites 2, Cited by 5]

Karnataka High Court

North East Karnataka Road Transport ... vs Shivasharanappa S/O Basanna Rawathgol on 14 October, 2015

Bench: A.S. Bopanna

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         IN THE HIGH COURT OF KARNATAKA
                KALABURAGI BENCH

  DATED THIS THE 14TH DAY OF OCTOBER, 2015

                     BEFORE

       THE HON'BLE MR. JUSTICE A.S. BOPANNA

       WRIT PETITION NO.80376/2011 (L-KSRTC)

BETWEEN:

NORTH EAST KARNATAKA
ROAD TRANSPORT CORP.
THROUGH ITS:
MANAGING DIRECTOR,
SARIGE SADANA, MAIN ROAD,
GULBARGA,
REPRESENTED BY:
CHIEF LAW OFFICER.
                                   .... PETITIONER

(BY SRI SUBHASH MALLAPUR, ADVOCATE)

AND:

SHIVASHARANAPPA
S/O BASANNA RAWATHGOL,
AGE: 45 YEARS,
OCC: EX-CONDUCTOR,
T.C.NO.1735,
R/O HIRWAL, TQ. AFZALPUR,
DIST. GULBARGA.
                                  .... RESPONDENT

(BY SRI VEERASHETTY &
 SRI P. VILASKUMAR, ADVOCATES)
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    THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING
ORDER DATED 30.11.2010 MADE IN.K.I.D. NO.6/2010
BY THE PRESIDING OFFICER, LABOUR COURT AT
GULBARGA VIDE ANNEXURE-B.

    THIS  WRIT   PETITION   COMING    ON   FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE
COURT MADE THE FOLLOWING:

                       ORDER

The petitioner is before this Court assailing the order dated 30.11.2010 passed in KID No.6/2010.

2. The respondent herein has raised the dispute in KID No.6/2010. In the pending proceedings, the respondent herein had filed an application seeking payment of interim relief during the pendency of the dispute. The Labour Court after considering the matter by the order impugned dated 30.11.2010 has directed the petitioner-Corporation herein to pay 50% of the last drawn wages as interim relief till the adjudication of the dispute. The petitioner-Corporation is before this Court assailing the said order on the ground that the Labour -3- Court was not justified in granting the interim relief before deciding the preliminary issue relating to the validity of otherwise of the domestic enquiry.

3. This Court by the order dated 11.02.2011 has stayed the order of the Labour Court which is impugned herein. In view of the interim order subsisting, the interim relief as ordered has not been paid. At this point even though no details are available as to whether the main dispute has been disposed of or not, considering the fact that the order granting interim relief had been stayed by this Court, in any event, at this stage, the interim relief for sustenance has lost its efficacy. Ultimately if the respondent succeeds in the matter pending before the Labour Court, in any event, the Labour Court would be in a position to decide upon the backwages, if any payable or not and at that stage, the Labour Court shall keep this in view.

4. Therefore keeping these aspects of the matter in view and reserving liberty to the parties to secure orders -4- in that regard, the order which had not been implemented is kept in abeyance.

The petition is accordingly disposed of.

Sd/-

JUDGE akc

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