Karnataka High Court
The Management Of Express Publications ... vs G Dinesh Babu on 4 February, 2013
Author: K.L.Manjunath
Bench: K.L. Manjunath
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 4TH DAY OF FEBRUARY, 2013
BEFORE
THE HON'BLE Mr. JUSTICE K.L. MANJUNATH
WRIT PETITION No.581/2013 (L-RES)
AND
WRIT PETITION NOs.1435-75/2013 (L-RES)
BETWEEN:
THE MANAGEMENT OF EXPRESS PUBLICATIONS
(MADHURA) Ltd.,
THE NEW INDIAN EXPRESS GROUP
EXPRESS BUILDING,
QUEENS ROAD, BANGALORE-1.
R/BY ITS GENERAL MANAGER
SRI T.VINOD .. PETITIONER
(By Advocate Sri. K GOVINDARAJ)
AND:
1. G DINESH BABU
S/O P. GOVINDARAJULU NAIDU
MAJOR, NO.125, 5TH CROSS
ADI KABIR ASHRAM ROAD
MOTI NAGAR, R T NAGAR POST
BANGALORE-32.
2 B. MUNISWAMY
S/O B. SUBRAMANIAM, MAJOR
N.39, 7TH CROS, MARKET ROAD
LAKSHMINARAYANAPURAM
SRIRAMPURAM, BANGALORE-1.
2
3 V.S. JAGADEESH
S/O SIDDALINGAIAH, MAJOR
SIDDLINGESHWARA NILAYA
NO.40, 4TH CROSS, 5TH MAIN
BHUVANESHWARINAGAR,
T.DASARAHALLI,
BANGALORE-57.
4 D.S. VENKATESH MURTHY
S/O D. SHANKARA NARAYANA RAO
C/O SUBBALAKAHMAMMA, MAJOR
NO.11, FORT DEVANAHALLI
BANGALORE-10.
5 R. CHAKRAVARTHI
S/O RANGASWAMY NAIDU, MAJOR
NO.49, THE GRAND FIELDS,
HOMMADEVANAHALLI, GOTTIGERE POST
BANGALORE-83.
6 D. VENKATESULU
S/O VENKATARAMAIAH SASTRY, MAJOR
NO.98, 10TH MAIN, KURUBARAHALLI,
BANGALORE-86.
7 B.BABU
S/O LATE BALU, MAJOR
NO.35/1,7TH CROSS,
CHIKKATHAYAPPA ROAD,
AMBEDKAR COLONY,
VASANTHNAGAR, BANGALORE-52.
8 S. LAKSHMAIAH
S/O LATE SAMPANGI RAMAIAH, MAJOR
NO.12, " H " STREET, 10TH CROSS,
MAGADI ROAD, BANGALORE-23.
9 R. THANDAVA MURTHY
S/O LATE RAMACHANDRAN, MAJOR
3
NO.4, CHINNAPPA GARDEN,
BENSON TOWN PO
BANGALORE-46.
10 A. LAKSHMANA MURTHY
S/O APPAIYANNA, MAJOR
NO.316, ASWATHNAGR,
THANISANDRA MAIN ROAD
ARABIC COLLEGE POST,
BANGALORE-5.
11 K. SURYANARAYANA RAJU
S/O K. KRISHNAM RAJU, MAJOR
NO.4046, 19TH MAIN ROAD
HAL 2ND STAGE, BANGALORE-8.
12 M. SRINATH
S/O M. MUNUVENKATAPPA, MAJOR
NO.1015, 8TH MAIN ROAD
JUDICIAL LAYOUT, GKVK POST,
BANGALORE-45.
13 P. VIVEKANANDAN
S/O PARASURAM, MAJOR
NO.26/13TH CROSS,
J.C. NAGAR, KURUBARAHALLI
MAHALAKSHMIPURAM POST
BANGALORE-86.
14 A. NARAYANA RAO
S/O APPAJI RAO, MAJOR
NO.38/22, VINAYAKA LAYOUT
12TH CROSS, MANORAYANAPALYA
RT NAGAR POST,
BANGALORE-32.
15 M. NAGARAJU
S/O RAMACHANDRAIAH, MAJOR
NO.844, F BLOCK
4
NEAR ESCORTS & GOETZE LAYOUT
Nr. OM SHAKTHI TEMPLE
ATTUR LAYOUT, ATTUR MAIN ROAD
YELAHANKA POST, BANGALORE-64.
16 P. RAVI
S/O PARASURAM, MAJOR
NO.26, 13TH CROSS,
J.C.NAGAR, KURUBARAHALLI
MAHALAKSHMIPURAM POST,
BANGALORE-86.
17 K. RAMALINGAM
S/O M. KANDASWAMY, MAJOR
NO.5 KRISHNAPPA LAND
KADUGODI, WHITEFIELD,
BANGALORE-67.
18 B.S. NAGARAJ
S/O SRIKANTAIAH, MAJOR
NO.15, SRINIVASA NILAYA,
5TH CROSS, SUBBANNA GARDEN
VIJAYANAGAR, BANGALORE-40.
19 R. MURTHY
S/O RATHNAM, MAJOR
NO.312, 9TH CROSS,
6TH MAIN, 3RD STAGE
PILLANNA GARDEN, BANGALORE-45.
20 S. RAMSINGH
S/O SARDAR SINGH, MAJOR
NO.1/1, 2ND CROSS, 2ND
MAIN, AZAD NAGAR,
CHAMARAJPET POST,
BANGALORE-18.
21 P. PANJAMANI
S/O PERUMAL, MAJOR,
NO.673, NR. MUNESHWARA TEMPLE
5
KRISHNAPPA LAYOUT
SUBBANNA PALYA, BANGALORE-33.
22 P. BABU
S/O LATE B.M.PERUMAL, MAJOR
NO.16/13, " B " BLOCK
DGQA RESIDENTIAL QUARTERS
GUNATHA VIHAR, R.T. NAGAR
BANGALORE-6.
23 DHARAM RAJ V
VASUDEVAN R.
NO.7, 10TH CROSS,
BHAGYA JYOTHI PALYA
MAHALAKSHMIPURAM,
BANGALORE-10
24 M. HARIBABU
S/O MOHAN, MAJOR
NO.51/2, 7TH CROSS,
CHIKKATHAYAPPA STREET
VASANTHNAGAR, BANGALORE-52.
25 P. VENKATESH
S/O PARTHASARATHY NAIDU
MAJOR, NO.343, 5TH MAIN
3RD PHASE, MANJUNATH NAGAR
WEST OF CHORD ROAD
BANGALORE-10.
26 DAIVEGAN R.
S/O RAJENDRAN, MAJOR
NO.1/7, ANGAMMA GARDEN
PSK NAIDU ROAD, DODDIGUNTA,
COX TOWN, BANGALORE-5.
27 GERALD HUGGINS
S/O JERRY HUGGINS, MAJOR
KRISHNAPPA BUILDING,
6
2ND CROSS, MVR BLOCK
J.C. NAGAR, BANGALORE-6.
28 G. JAYAPRAKASH
S/O GOVINDASWAMY CHETTY, MAJOR
NO.11, 2ND CROSS
MVR BLOCK, J.C.NAGAR,
BANGALORE-6.
29 R. ELUMALAI
S/O LATE RAMASWAMY, MAJOR
NO.14/A,65/2, GANGAPPA LAYOUT
BEHIND TTK, SHANTHINAGAR,
BANGALORE-16.
30 N. SURENDRA SINGH
S/O B.H. NARAYAAN SINGH
C/O SANJU, SHREYAS NILAYA
11TH CROSS, VISHWANATH
NAGENAHALLI, R.T.NAGAR POST
BANGALORE-32.
31 JAVARAIAH S.
S/O S. SIDDAIAH, MAJOR
NO.877, 3RD MAIN ROAD,
GOKULA EXTN. DIVANARAPALYA,
BANGALORE-55.
32 C. VELU
S/O CHINNAPPA, MAJOR
NO.114, 27TH CROSS,
TANNERY ROAD,
OLD BAGALUR LAYOUT,
BANGALORE-84.
33 JOTHIRAJAN S.
S/O LATE SWAMY LYA, MAJOR
NO.32, NR. JAYALAKSHMI SCHOOL
RAMASWAMY PALYA, BANGALORE-33.
7
34 B. JAYARAM
S/O LATE B. DORAISWAMY, MAJOR
NO.81, RAGHAVENDRA NILAYA,
2ND CROSS, BALAJI LAYOUT,
BSK 3RD STAGE, BANGALORE-85.
35 B. NAGESH
S/O LATE D. VIJENDRA RAO, MAJOR
NO.18/1, L.D. BLOCK
1ST MAIN, 7TH CROSS,
GANGANAGAR, R.T.NAGAR POST,
BANGALORE-32.
36 K. KUMAR RAO
KRISHNOJI RAO, MAJOR,
NO.32, 4TH CROSS,
JAIJAWAN NAGAR, M.S.NAGAR POST
BANGALORE-33.
37 PADMANABHA POOJARY
S/O JARU POOJARY, MAJOR
NO.65, 1ST FLOOR, CHIKKABAZAR ROAD,
SHIVAJINAGAR, BANGALORE-51.
38 B. VENUGOPAL
S/O LATE BHOOPATHI CHETTAIR, MAJOR
NO.317, 6TH CROSS, MARUTHI NAGAR
Nr. BALAJI MEDICALS,
VISWANDAM POST, BANGALORE-91.
39 M. BALAKRISHNA
S/O L. NARASIMHA MURTHY, MAJOR
NO.38-31-143/3, GREEN GARDEN
MARRIPALYAM, VISHAKAPATNAM-18.
ANDHRA PRADESH.
40 BASAVARAJ C.
S/O CHANNACHARI, MAJOR
NO.11, CHANDRASHEKAR LAYOUT
8
SRIGANDHA KAVAL,
SUNKADAKATTE, BANGALORE-91.
41 V. LAKSHMAN RAO
S/O APPALA NAIDU, MAJOR
NO.39-21-26/1, MADHAVADHARA,
VIDYANAGAR, VISHAKAPATNAM
ANDHRA PRADESH. .. RESPONDENTS
(By Advocate Sri. K B NARAYANA SWAMY)
- - - - -
These petitions are filed under Arts.226 &
227 of The Constitution of India to call for
records from the II Addl. Labour Court,
Bangalore in case numbers i.e. I.D. No.11/09 and
other matters pending before the II Addl. Labour
Court, Bangalore and to quash the order dated
28.11.2012 passed by the II Addl. Labour Court,
Bangalore in case nos. I.D. No.11/09 and other
matters as per Annexure-A.
These petitions are coming on for orders
this day, the Court made the following:
O R D E R
Management is challenging the order passed by the II Addl. Labour Court, Bangalore dated 28.11.2012 in ID No.11/2009 wherein on an application filed by the first party workmen a direction has been issued by the Labour Court to 9 pay an interim relief for a period of six months from the date of the order and the Labour Court has further ordered to pay the entire amount of six months in one lumpsum.
2. Heard Mr.Ashok Harnahalli, learned senior counsel for the petitioner and Mr.M.C.Narasimhan, learned senior counsel for the respondents.
3. A dispute was referred to the labour court at the instance of the first party workmen under Sec.10(4)(A) of the Industrial Disputes Act. It is the case of the workmen that they were dismissed from service without holding an enquiry by an order dated 16.1.2009. During the pendency of the matter before the labour court, they made an application for grant of interim relief which application came to be allowed by the labour court directing the management to pay 50% of the last pay drawn salary of each of the 10 employees for a period of 4 months commencing from 28.10.2009 or till the disposal of the matter whichever is earlier. Challenging the order of the Labour Court, management filed writ petitions before this court in WP Nos.35227 & 35826-867/2009 which petitions came to be dismissed against which writ appeals were filed before the Division Bench of this court in W.A.Nos.334 & 3455-96/2010 which appeals were dismissed. Aggrieved by the order of the learned single Judge and Division Bench of this court, matter was taken up before the Hon'ble Supreme Court in SLP (Civil) 33512/2010 & 34568- 610/2010 which petitions were also dismissed by confirming the order of the labour court. Thereafter, another application was filed by the workmen to direct the management to pay the interim maintenance. The application filed by the workmen came to be considered by the labour court. Accordingly, an order was passed on 11 28.11.2012 extending the interim order for a period of six months from the date of order. Challenging the same, these petitions were filed by the management.
4. During the course of arguments, it is brought to the notice of the court by Mr.Ashok Harnahalli, learned senior counsel appearing for the management that on account of non-compliance of the interim direction, labour court has passed an order denying the right of opportunity of the management to cross-examine the workmen and their witnesses and further denied the right of the petitioners to lead its evidence.
5. Having heard the learned senior counsel for both the parties, this court cannot find fault with the labour court in directing the management to pay the interim maintenance because without paying interim maintenance, management cannot contend that it should be 12 allowed to prosecute the case. Admittedly, on an earlier occasion by order dated 28.10.2009 labour court has directed the management to pay the interim maintenance only for a period of 4 months or till the disposal of the matter by the labour court whichever is earlier. If the interim maintenance as ordered by the labour court had been paid, labour court could have dispose of the matter within 4 months from 28.10.2009. By challenging the said order, matter was taken up to the Supreme Court and it was pending till 2012. Labour court has rightly understood the difficulties of the workmen. Accordingly, interim maintenance has been ordered for a further period of six months because workmen should live and without there being a subsistence allowance, it is difficult for any workman to manage himself or to manage his family. In the circumstances, this court is of the opinion that ends of justice would be 13 met if the management is directed to pay the interim maintenance for a period of 4 months calculated from 28.11.2012. This court is of the opinion that if the management is directed to pay interim maintenance initially for a period of 4 months commencing from 28.11.2012 and directing the labour court to dispose of the matter as expeditiously as possible without granting any adjournment unnecessarily and if the case is not disposed of within 4 months from 28.11.2012 and if for any reasons case is adjourned at the instance of the management, management is further directed to pay interim maintenance even after the expiry of 4 months till the dispute is disposed of by the labour court.
6. Accordingly, these petitions are disposed of. Permission is granted for the management to cross-examine the workmen and their witnesses and permission is also granted for the 14 management to lead its evidence. 10 days time is granted to deposit arrears of maintenance to be calculated from 28.11.2012.
Sd/-
JUDGE.
R/060213