Ms. Joy Subhashini vs M/S Magna Infotech Pvt Ltd on 9 July, 2019

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Karnataka High Court

Ms. Joy Subhashini vs M/S Magna Infotech Pvt Ltd on 9 July, 2019

Bench: P. B. Bajanthri

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 9TH DAY OF JULY, 2019

                          BEFORE

       THE HON'BLE MR.JUSTICE P. B. BAJANTHRI

       WRIT PETITION NO.41783/2015 (L - RES)

BETWEEN:

MS. JOY SUBHASHINI
D/O. MR. K. JEEVARATHNAM,
RESIDING AT 106/107,
AGED ABOUT 36 YEARS,
10TH MAIN, NANDANAM COLONY,
HORAMAVU MAIN ROAD,
BENGALURU - 560 043.                         ...PETITIONER

(BY SRI. EUGENE PRABHU
    BARROT & BARROT, ADVOCATE)

AND:

1.     M/S. MAGNA INFOTECH PVT. LTD.,
       FLOOR NO.3, A WING
       S.R. INFOTECH COMPLEX,
       NO.5/4-2, THAVAREKERE MAIN ROAD,
       S.G. PALYA, D.R. COLLEGE POST,
       KORMANGALA,
       BENGALURU - 560 029.
       REPRESENTED BY
       MR. AJIT ISAAC - CHAIRMAN & MD.

2.     M/S. SAP LABS INDIA PVT. LTD.,
       #138, EPIP ZONE, WHITEFIELD,
       BENGALURU - 560 066.
       REPRESENTED BY
       MR. DILIP KUMAR
       KHANDELWAL - MD.                   ... RESPONDENTS
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(BY SMT. MEDHA RAO, ADVOCATE FOR
    SRI. C.K. NANDA KUMAR, ADVOCATE FOR R-1;
    SRI. PRASANTH V.G., ADVCOATE FOR
    SRI. A. MURALI, ADVOCATE FOR R-2)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND
SET ASIDE THE IMPUGNED ORDER ON I.A.NO.2 DATED
25/08/2015 IN APPLICATION NO.6/2015 BEFORE THE HON'BLE
PRESIDING OFFICER 2ND ADDITIONAL LABOUR COURT AT
BENGALURU VIDE ANNEXURE-D AND ETC.

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


                      ORDER

In the instant petition, the petitioner has assailed the order of the Labour Court dated 25.08.2015, passed in application No.6/2015 (Annexure-D).

2. In application No.6/2015, the petitioner impleaded respondent No.1-M/s. MAGNA Infotech Pvt. Ltd. and respondent No.2-M/s. SAP Labs India Pvt. Ltd. (Annexure-A). Respondent No.2 filed an application for deletion of his name being a party to application No.6/2015. The Labour Court proceeded to accept such application for deletion of second party- M/s. SAP Labs -3- India Pvt. Ltd. Even though the relationship was between the petitioner and respondent No.1 - M/s. MAGNA Infotech Pvt. Ltd., at the same time, when the petitioner was provided order of appointment on 24.07.2013, he was directed to report with respondent No.2-M/s.SAP Labs India Pvt. Ltd. In order to settle the score in application No.6/2015, even though respondent No.2 is a formal party, for adducing necessary evidence relating to whether the petitioner had repatriated from respondent No.2-M/s. SAP Labs India Pvt. Ltd., and other events till his service has been repatriated or terminated, are required to be examined. Therefore, respondent No.2 - M/s. SAP Labs India Pvt. Ltd. is a necessary and proper party in application No.6/2015. Labour Court has failed to appreciate reposting order issued by respondent No.1 dated 24.07.2013.

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3. In view of these facts and circumstances, the order passed in application No.6/2015 dated 25.08.2015 (Annexure-D) is set aside.

4. Accordingly, writ petition stands allowed. Labour Court is hereby directed to expedite the petitioner's application No.6/2015 within a reasonable period of four months from the date of receipt of this order.

Sd/-

JUDGE HA/-

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