Karnataka High Court
The Karnataka Lingayat Education ... vs Siddappa G Namba, on 2 June, 2017
Equivalent citations: 2018 (2) AKR 114, (2017) 4 KANT LJ 620 2018 (1) KCCR SN 2 (KAR), 2018 (1) KCCR SN 2 (KAR)
Author: Vineet Kothari
Bench: Vineet Kothari
R
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 02ND DAY OF JUNE 2017
BEFORE
THE HON'BLE DR. JUSTICE VINEET KOTHARI
WRIT PETITION No.65280 OF 2011 [S-KSRTC]
CONNECTED WITH
WRIT PETTION Nos.65279, 65058, 64801, 64800,
64957, 64956, 64955, 64938, 64937, 64936, 64935, 64934,
64928, 64927, 64926, 64925, 64924, 64798, 64799, 64797,
64372 of 2011 (S-KSRTC),
61110, 61394 of 2012 (S-KSRTC)
IN WP No.65280 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYAT EDUCATION,
SOCIETY, COLLEGE ROAD,
BELGAUM - 590 001.
BY ITS CHAIRMAN.
2. CHAIRMAN,
LOCAL GOVERNING COMMITTEE,
C.B.KORE POLYTECHNIC,
CHIKODI, DIST: BELGAUM.
... PETITIONERS
2
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH,
ADV. A/W SHRI B.C. PRABHAKAR ADV.)
AND:
SIDDAPPA G NAMBA,
AGE: 44 YRS,
R/O: H.No.1447, BASAV NAGAR,
NEAR: HALATTI,
CHIKKODI, DIST: BELGAUM.
... RESPONDENT
(BY SRI. D. B. KARIGAR, ADVOCATE)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI, IN
APPLICATION No.21/2010 (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI, IN APPLICATION No.21/2010
(ANNEXURE-C).
3
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
IN WP No. 65279 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYAT EDUCATION
SOCIETY, COLLEGE ROAD,
BELGAUM - 590 001.
BY ITS CHAIRMAN.
2. CHAIRMAN/PRINCIPAL
LOCAL GOVERNING COMMITTEE,
C.B.KORE POLYTECHNIC,
CHIKODI, DIST: BELGAUM.
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH , ADV.)
AND:
SRI SIDDAPPA G. NAMBA,
AGED ABOUT 44 YRS,
R/O: H.No.1447, BASAV NAGAR,
NEAR: HALATTI,
CHIKKODI, DIST: BELGAUM.
... RESPONDENT
(BY SRI.D.B. KARIGAR, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
4
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI, IN
APPLICATION No.07/2007 (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI, IN APPLICATION
No.07/2007 (ANNEXURE-C).
IN WP No. 65058 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYAT EDUCATION
SOCIETY, COLLEGE ROAD,
BELGAUM - 590 001,
BY ITS CHAIRMAN.
2. K.L.E. SOCIETY'S J N MEDICAL COLLEGE,
NEHRU NAGAR, BELGAUM.
BY ITS PRINCIPAL.
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND
MANOHAR S/O. ISHWARAPPA NESARI,
AGED ABOUT 65 YEARS, OCC: RETIRED,
R/O: H.No.12, KAPILESHWAR ROAD,
BELGAUM.
... RESPONDENT
(BY SRI. V. P. KULKARNI, ADV.)
5
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI, IN
APPLICATION No.19/2009, (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI, IN APPLICATION No.19/2009,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.19/2009.
IN WP No. 64801 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYATH EDUCATION
SOCIETY, COLLEGE ROAD,
BELGAUM. BY ITS CHAIRMAN
2. K.L.E. SOCIETY S
J.N. MEDICAL COLLEGE,
NEHRU NAGAR,
BELGAUM. BY ITS PRINCIPAL
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
6
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
AND:
SRI. APPANNA
S/O BASAVANTAPPA VANNUR
AGE: 57 YEARS, R/AT PLOT No. 309/B,
SECTOR No. 2,
NEAR GURUPRASAD APARTMENT,
SHIVA BASAVA NAGAR,
BELGAUM -590010
... RESPONDENT
(BY SRI. V. P. KULKARNI, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.13/2006, (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.13/2006,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.13/2006.
7
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
IN WP No. 64800 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYATH EDUCATION
SOCIETY, COLLEGE ROAD,
BELGAUM-590 001, BY ITS CHAIRMAN
2. K.L.E. SOCIETY'S
J.N. MEDICAL COLLEGE,
NEHRU NAGAR,
BELGAUM. BY ITS PRINCIPAL
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH ADV.)
AND
SRI. PARISH S/O FAKIRA KOLKAR
AGE: 60 YEARS, OCC: NIL,
R/O AMBEDKAR GALLI,
MAJAGAON, BELGAUM
... RESPONDENT
(BY SRI. V. P. KULKARNI, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.13/2005, (ANNEXURE-C).
8
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.13/2005,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.13/2005.
IN WP No. 64957 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYAT EDUCATION
SOCIETY COLLEGE ROAD, BELGAUM-590 001
BY ITS CHIARMAN
2. K.L.E. SOCIETY'S J. N. MEDICAL COLLEGE,
NEHRU NAGAR, BELGAUM,
BY ITS PRINCIPAL
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND:
SRI. AMAR S/O MITTHU REVADIKAR
AGE: 60 YEARS, OCC: NILL,
R/O. H.NO.2612, MARUTI GALLI,
BHAVANI NAGAR,
MANDROLI ROAD, BELGAUM
... RESPONDENT
(BY SRI. V. P. KULKARNI, ADV.)
9
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.07/2006, (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.07/2006,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.07/2006.
IN WP No. 64956 OOF 2011:
BETWEEN:
1. THE CHAIRMAN, BOARD OF MANAGEMENT,
KARNATAKA LINGAYAT EDUCATION SOCIETY,
REG. OFFICE LINGRAJ COLLEGE
COLLEGE ROAD, BELGAUM.
BY ITS CHIARMAN
2. K.L.E. SOCIETY'S
COLLEGE OF ENGINEERING & TECHNOLOGY,
UDAYMBAG, BELGAUM
BY ITS PRINCIPAL
... PETITIONERS
(BY SRI MALLIKARJUNSWAMY B. HIREMATH, ADV.)
10
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
AND:
SRI. SUBASH S/O SHRIPATI JADHAV,
AGE: MAJOR, OCC: NIL,
R/O RAMDEVA GALLI,
VADAGAON, BELGAUM-590005
... RESPONDENT
(BY SRI. M. V. CHAVAN, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.13/2009, (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.13/2009,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.13/2009.
11
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
IN WP No. 64955/2011:
BETWEEN:
1. THE KARNATAKA LINGAYAT EDUCATION
SOCIETY, COLLEGE ROAD,
BELGAUM-590001.
BY ITS CHIARMAN
2. K.L.E. SOCIETY'S LAW COLLEGE,
RAJAJI NAGAR, BANGALORE.
BY ITS PRINCIPAL
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND
SRI. VEERABADRAPPA
S/O IRAPPA WALIKAR
AGE: 61 YEARS, OCC: NIL,
R/O HIREBAGEWADI, 3
TQ. & DIST. BELGAUM
... RESPONDENT
(BY SRI V. P. KULKARNI &
SIDDLINGA C. BHUTI, ADVS.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
12
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.12/2005, (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.12/2005,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.12/2005.
IN WP No. 64938 OF 2011:
BETWEEN:
1. THE CHAIRMAN,
BOARD OF MANAGEMENT,
KARNATAKA LINGAYAT EDUCATION SOCIETY,
REG. OFFICE LINGRAJ COLLEGE,
COLLEGE ROAD, BELGAUM-590001.
2. K.L.E. SOCIETY'S
COLLEGE OF ENGINEERING & TECHNOLOGY
UDYAMBAG, BELGAUM-590 008.
BY ITS PRINCIPAL
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND
SRI. SUBASH S/O SHRIPATI JADHAV
AGE: MAJOR, OCC: NIL,
13
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
R/O RAMDEV GALLI, VADAGAON,
BELGAUM -590005.
... RESPONDENT
(BY SRI M. V. CHAVAN, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.16/2010, (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.16/2010,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.16/2010.
IN WP No. 64937 OF 2011:
BETWEEN:
1. THE CHAIRMAN,
BOARD OF MANAGEMENT,
KARNATAKA LINGAYAT EDUCATION SOCIETY,
REG. OFFICE LINGRAJ COLLEGE,
COLLEGE ROAD, BELGAUM-590001.
14
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
2. K.L.E. SOCIETY S J N MEDICAL COLLEGE
NEHRU NAGAR, BELGAUM,
BY ITS PRINCIPAL.
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND:
SRI. DURGAPPA S/O KALLAPPA DEVARMANI
AGE: 66 YEARS, OCC: RETIRED,
AT PO:- MANNUR,
TQ. & DIST. BELGAUM
... RESPONDENT
(BY SRI V. P. KULKARNI, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.09/2008, (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.09/2008,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.09/2008.
15
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
IN WP No. 64936 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYAT EDUCATION
SOCIETY, COLLEGE ROAD, BELGAUM-590 001.
BY ITS CHAIRMAN.
2. K.L.E. SOCIETY'S
COLLEGE OF ENGINEERING & TECHNOLOGY,
UDYAMBAG, BELGAUM -590008
BY ITS PRINCIPAL.
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND:
SRI. GANGADHAR S/O BASAPPA BADIGANNAVAR
AGE: 71 YEARS, OCC: RETIRED,
R/O PLOT No.71, SWAMINATH COLONY,
UDAYMBAG, BELGAUM
... RESPONDENT
(BY SRI. V. P. KULKARNI, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.11/2007, (ANNEXURE-C).
16
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.11/2007,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.11/2007.
IN WP No. 64935 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYAT EDUCATION
SOCIETY, COLLEGE ROAD,
BELGAUM-590001,
BY ITS CHAIRMAN.
2. K.L.E. SOCIETY'S J. N. MEDICAL COLLEGE
NEHRU NAGAR, BELGAUM,
BY ITS PRINCIPAL.
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND
SRI. NEELANGAOUDA
S/O MALLANAOUDA PATIL
AGE: 63 YEARS, OCC: RETIRED,
R/O CHIKKASINGANAGUTTI
TQ. HUNAGUND, DIST. BAGALKOT.
17
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
... RESPONDENT
(BY SRI. V. P. KULKARNI, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.09/2007, (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION
No.09/2007, (ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR
COURT, HUBLI, IN APPLICATION
No.09/2007.
IN WP No. 64934 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYAT EDUCATION
SOCIETY, COLLEGE ROAD,
BELGAUM-590001,
BY ITS CHAIRMAN.
2. K.L.E SOCIETY'S
COLLEGE OF ENGINEERING & TECHNOLOGY,
18
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
UDYAMBHAG, BELGAUM-590 008
BY ITS PRINCIPAL
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND:
SRI. BASAVESH,
S/O CHANDRAYYA HIREMATH,
AGE: 64 YEARS, OCC: NIL,
R/O PLOT No. 1946, SECTOR No. 9,
ANJANEY NAGAR, BELGAUM-590016
... RESPONDENT
(BY SRI. V. P. KULKARNI, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.10/2007, (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.10/2007,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.10/2007.
19
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
IN WP No. 64928 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYAT EDUCATION
SOCIETY, COLLEGE ROAD,
BELGAUM-590001.
BY ITS CHAIRMAN.
2. K.L.E. SOCIETY'S J N MEDICAL COLLEGE,
NEHRU NAGAR, BELGAUM-590001.
BY ITS PRINCIPAL.
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND
SRI. SHIVAPPA S/O SATYAPPA MADIWAL,
AGE: 62 YEARS,
R/O H. No. 1010, VANTAMURI COLONY,
KANGRALI KHURD, BELGAUM-590016
... RESPONDENT
(BY SRI. V. P. KULKARNI, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.08/2008, (ANNEXURE-C).
20
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.08/2008,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.08/2008.
IN WP No. 64927 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYAT EDUCATION
SOCIETY, COLLEGE ROAD,
BELGAUM-590001.
BY ITS CHAIRMAN.
2. K.L.E. SOCIETY S J N MEDICAL COLLEGE
NEHRU NAGAR, BELGAUM,
BY ITS PRINCIPAL.
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND:
1. SRI. SHANKAR MALAKAPPA DHULI ,
SINCE DECEASED BY HIS LRS,
1A) SMT. SUSHILA W/O SHANKAR DHULI
AGE: 52 YEARS, OCC: HOUSEHOLD,
21
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
R/O H. No. 103, VANTAMURI COLONY,
BELGAUM
1B) SRI. MALLIKARJUN S/O SHANKAR DHULI,
AGE: 33 YEARS, OCC: HOUSEHOLD WORK,
R/O H. No. 103, VANTAMURI COLONY,
BELGAUM.
1C) SMT. VINUTA W/O SUBHASH JONI,
AGE: 29 YEARS, OCC: HOUSEHOLD,
R/O H. No. 103, VANTAMURI COLONY,
BELGAUM
... RESPONDENTS
(BY SRI. SIDDALING C. BHUTI, ADV. FOR R1A & R1B
R1C - SERVED BUT UNREPRESENT.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.08/2006, (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.08/2006,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.08/2006.
22
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
IN WP No. 64926 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYAT EDUCATION
SOCIETY, COLLEGE ROAD, BELGAUM-590 001.
BY ITS CHAIRMAN.
2. K.L.E. SOCIETY'S COLLEGE OF PHARMACY
BELGAUM, BY ITS PRINCIPAL.
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND:
SRI. GANAPATI S/O RAMACHANDRA BUWA,
AGE: 61 YEARS, OCC: NIL,
R/O H. No. 300, RAM NAGAR,
BELGAUM
... RESPONDENT
(BY SRI.V. P. KULKARNI, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.06/2006, (ANNEXURE-C).
23
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.06/2006,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON THE
FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.06/2006.
IN WP No. 64925 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYAT EDUCATION
SOCIETY COLLEGE ROAD,
BELGAUM.-590001.
BY ITS CHAIRMAN.
2. K.L.E. SOCIETY'S J. N. MEDICAL COLLEGE
NEHRU NAGAR, BELGAUM,
BY ITS PRINCIPAL.
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B HIREMATH, ADV.)
AND:
SRI. BALKRISHNA
S/O RAMCHANDRA PATIL
AGE: 61 YEARS, OCC: NIL,
R/O GANESHPUR,
TQ. & DIST. BELGAUM
... RESPONDENT
(BY SRI. V. P. KULKARNI, ADV.)
24
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.14/2005, (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.14/2005,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.14/2005.
IN WP No. 64924 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYAT EDUCATION
SOCIETY, COLLEGE ROAD,
BELGAUM-590001.
BY ITS CHAIRMAN.
2. K.L.E. SOCIETY'S COLLEGE OF PHARMACY
BELGAUM, BY ITS PRINCIPAL.
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
25
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
AND:
SRI. NARAYAN
S/O KONERI ANANDACHE
AGE: 61 YEARS, OCC: NIL,
R/O H. No.40, 1ST CROSS, MAHADWAR ROAD,
BELGAUM
... RESPONDENT
(BY SRI. V. P. KULKARNI, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.11/2005, (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION
No.11/2005, (ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR
COURT, HUBLI, IN APPLICATION
No.11/2005.
26
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
IN WP No. 64798 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYATH EDUCATION
SOCIETY, COLLEGE ROAD,
BELGAUM-590001.
BY ITS CHAIRMAN
2. K.L.E. SOCIETY'S
J.N. MEDICAL COLLEGE,
NEHRU NAGAR,
BELGAUM. BY ITS PRINCIPAL
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND:
SRI. MANOHAR S/O JAKKAPPA PATIL
AGE: 61 YEARS, OCC: NIL,
R/O H. No. 350, RAM NAGAR,
KANGRALI KHURD,
TQ. & DIST. BELGAUM
... RESPONDENT
(BY SRI.V. P. KULKARNI, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
27
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.09/2005, (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.09/2005,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.09/2005.
IN WP No. 64799 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYATH EDUCATION
SOCIETY, COLLEGE ROAD,
BELGAUM-590001.
BY ITS CHAIRMAN
2. K.L.E. SOCIETY'S
J.N. MEDICAL COLLEGE,
NEHRU NAGAR,
BELGAUM. BY ITS PRINCIPAL
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND:
SRI. GADIGAYYA
S/O PRABHU MAVINAKATTIMATH
AGE: 61 YEARS, OCC: NIL,
28
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
R/O H. No. 582/A, MATH GALLI,
BELGAUM
... RESPONDENT
(BY SRI. V. P. KULKARNI, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.10/2005, (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.10/2005,
(ANNEXURE-C).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.10/2005.
IN WP No. 64797 OF 2011:
BETWEEN:
1. THE KARNATAKA LINGAYATH EDUCATION
SOCIETY, COLLEGE ROAD,
BELGAUM-590001.
BY ITS CHAIRMAN
29
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
2. K.L.E. SOCIETY'S
J.N. MEDICAL COLLEGE,
NEHRU NAGAR,
BELGAUM. BY ITS PRINCIPAL
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND:
SRI. BASAPPA SIDDAPPA GALABI
AGE: 62 YEARS, OCC: NIL,
R/O CHOUGALE BUILDING,
KANGRALI KHURD,
TQ. & DIST. BELGAUM.
... RESPONDENT
(BY SRI.SIDDALING C.BHUTI, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.08/2005, (ANNEXURE-C).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI IN APPLICATION No.08/2005,
(ANNEXURE-C).
30
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.08/2005.
IN WP No. 64372 OF 2011:
BETWEEN:
1. THE K.L.E. SOCIETY
COLLEGE ROAD,
BELGAUM-590001.
BY ITS CHAIRMAN
2. THE K.L.E. SOCIETY'S INSTITUTE OF DENTAL
SCIENCES, 2ND STAGE,
YESHWANTPUR, BANGALORE-560 022
BY ITS PRINCIPAL
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND
SRI. GADIGEPPA HALAPPA BANKAPUR
AGE: 66 YEARS, R/AT 542,
SCHEME 13, DOORA DARSHAN NAGAR,
BELGAUM - 590004
... RESPONDENT
(BY SRI. SIDDALING C. BHUTI ADV. )
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
31
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:07/06/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI, IN
APPLICATION No.7/2005 (ANNEXURE-D).
II. QUASH THE ORDER DATED:07/06/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI, IN APPLICATION No.7/2005
(ANNEXUERE-D).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE ADDITIONAL LABOUR COURT,
HUBLI, IN APPLICATION No.7/2005.
IN WP No. 61110 OF 2012:
BETWEEN:
1. THE CHAIRMAN,
K.L.E. SOCIETY,
LINGRAJ COLLEGE CAMPUS,
BELGAUM - 590 001.
2. THE PRINCIPAL,
K.L.E.S. INSTITUTE OF
DENTAL SCIENCE, BANGALORE.
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B HIREMATH, ADV.)
AND:
32
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
SURENDRA S KATTI,
AGE: 56 YEARS,
OCC: RETIRED,
R/O: No. 324,
DEVARAJ URS COLONY,
BASAVAN KUDACHI,
BELGAUM.
... RESPONDENT
(BY SRI. JAGADISH PATIL, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
I. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:28/12/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.24/2011 (ANNEXURE-D).
II. QUASH THE ORDER DATED:28/12/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI, IN APPLICATION
No.24/2011 (ANNEXURE-D).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE ADDITIONAL LABOUR COURT,
HUBLI IN APPLICATION No.24/2011.
IN WP No. 61394 OF 2012:
BETWEEN:
33
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
1. THE CHAIRMAN
KARNATAKA LINGAYAT
EDUCATION SOCIETY,
REGD. OFF LINGRAJ COLLEGE,
CAMPUS, COLLEGE ROAD,
BELGAUM-590001.
2. THE PRINCIPAL,
J.N. MEDICAL COLLGE,
BELGAUM.
3. THE PRINCIPAL,
KLE SOCIETYS,
D. ED. COLLEGE,
GANGAVATHI.
... PETITIONERS
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADV.)
AND
SHRI. BHIMAPPA
S/O. RAYAPPA MUTAGI
AGE: 64 YEARS,
R/O. PLOT No. 18, SECTOR No.2,
SHIVABASAVA NAGAR,
BELGUAM.
... RESPONDENT
(BY SRI. JAGADISH PATIL, ADV.)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO:
34
Date of Order: 02.06.2017
WP. Nos. 65280/2011 & Connected Cases
The Karnataka Lingayat Education Society,
& othersVs. Siddappa G. Namba.
A. CALL FOR RECORDS LEADING TO THE
PASSING OF THE IMPUGNED ORDER
DATED:28/12/2011, PASSED BY THE
ADDITIONAL LABOUR COURT, HUBLI IN
APPLICATION No.10/2011, (ANNEXURE-D).
II. QUASH THE ORDER DATED:28/12/2011,
PASSED BY THE ADDITIONAL LABOUR
COURT, HUBLI, IN APPLICATION
No.10/2011 (ANNEXURE-D).
III. QUASH THE PROCEEDINGS PENDING ON
THE FILE OF THE ADDITIONAL LABOUR
COURT, HUBLI, IN APPLICATION
No.10/2011.
THESE WRIT PETITIONS COMING ON FOR FINAL
HEARING, THE COURT MADE THE FOLLOWING:
ORDER
Mr. Mallikarjunswamy B. Hiremath, Adv. along with Mr. Shri B.C. Prabhakar for petitioner-employer. Mr.D.B.Karigar, Adv. for respondents-workmen.
1. The employer-KLE Society has filed this batch of Writ Petitions against the respondent-workmen, Instructors / 35 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
Teachers aggrieved by the order dated 28th December 2011 passed by the Additional Labour Court, Hubballi, deciding the preliminary Issue Nos.2 and 4 only regarding the jurisdiction of the Labour Court to decide such applications of the respondent
- workmen under Section 33C(2) of the Industrial Disputes Act, 1947 (for short 'the Act').
2. The issue involved before the Labour Court was as to (i) Whether the respondents, most of whom, except Mr.Siddappa G.Namba who is still continuing in the service, had already retired from the service of the employer-KLE Society before filing of the applications under Section 33C(2) of the Act, were entitled to file applications under Section 33C(2) of the Act; and (ii) Whether the Labour Court had the jurisdiction to entertain such applications for deciding the claim of the respondents that they were entitled to claim parity with the Government employees in similar positions with regard to 36 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
difference of Dearness Allowance, Encashment of Earned Leave, etc. (iii) Whether after ending of the jural relationship of employer and employee after their retirement, such ex- employees could still approach the Labour Court for such relief under Section 33C(2) of the Act and (iv) whether without there being any pre-existing admitted liability to pay such difference of Dearness Allowance, encashment of Earned Leave, etc., the Labour Court could grant such relief within the ambit and scope of Section 33C(2) of the Act.
3. The Labour Court decided these issues in favour of the respondents-employees including the retired employees also and distinguished the various Supreme Court judgments cited before the Labour Court from the side of the Employer, that the Labour Court could not decide these issues under Section 33C(2) of the Act with the following observations:
" The learned counsel for the opponents relied upon the decision reported in LLJ - 1 -37
Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
1995 -SC - 395 _ in case of Muncipal Corporation of Delhi V/s. Ganesh Razak and another, in which their Lordships have held that the power of Labour court is that of an executing court and Labour Court cannot determine the dispute of entitlement or the basis of the claim in the absence of Prior Adjudication or recognition by employer and therefore the application U/sec.33C(2) is not maintainable. The facts of the said case are that daily rated/casual workers of daily Municipal Corporation were claiming wages on par with Regular employees on the principal of "equal pay for equal work". In that case the workmen were working as daily wagers, who cannot claim wages on par with regular employees on the principle of equal pay for equal work. In the case on hand the applicant is claiming the above said benefits as a statutory right recognized by the opponents as mentioned above. It is well settled that daily wagers or casual workers cannot be treated on par with regular employees in any respect. Therefore the 38 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
principle laid down in the said decision is not applicable to the facts of this case on hand.
The learned counsel for the opponents relied upon the decision reported in 2009 -I -LLJ-149 (SC) in case of Rajastan SRTC and Ors V/s.
Mohan Singh in which their Lordships have held that Civil Courts also have jurisdiction to entertain the suit where the right claimed by the plaintiff was under common law or under a statute, other than one creating a new right and a forum from enforcing it. Such as the Road Corporation Act, 1951. It was alleged by the appellant in that case that the Civil Court has no jurisdiction to entertain the suit pertaining to dismissal of the driver. The Hon'ble Supreme Court has held civil court has also jurisdiction to entertain the suit. Therefore, it cannot be said that only the civil court has got jurisdiction to entertain the dispute between the applicant and the opponents. I have already discussed above that without prejudice to remedies under Common Law, the applicant has got remedy under the I.D. Act, also.
39
Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
The learned counsel for the opponents further relied on the decision reported in LLJ -
1998-III-SC -187 in case of Chief Superintendent Government Livestock Farm, Hissar V/s. Ramesh Kumar, in which their Lordships have held that remedy U/sec.33C(2) of the I.D. Act, 1947 is available only in cases where there is no dispute about entitlement of workman. In the case on hand as per Rule 5 of the Karnataka Private Educational Institutions Rules, 1978 and the recognition (Not admission!) of the same by the opponents by accepting pay commission, etc., the opponents are estopped from disputing their liability. Mere disputing the statutory liabilities does not amount to a dispute under the Act. Therefore, the principle laid down in the above said decision is not applicable to the facts of this case.
The learned counsel for the opponents further relied upon the decision reported in LLJ - 1999 - II - Gujarat (HC) -55 in case of 40 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
Laxmikant Pran Shankar Sukla V/s. Chief Executive, Lal Baai Group -Rural Development Fund, Ahmedabad, in which their Lordships have held that application U/sec.33C(2) will lie only where right of the parties are crystallized. The proceedings under this section is in the nature of execution proceedings. In view of the statutory provision recognized by the opponents mentioned above, I am of the opinion that the right of the applicant has been crystallized. There is no necessity of filing any application or suit for declaration that the applicant is entitled to get his salary and other service benefits on par with Government servants in view of recognition of his rights by the opponents. Therefore the principle laid down in the above said decision is not much helpful to the opponents.
xxxxx I have carefully perused the principles laid down in the above said decisions and they are overlapping with the same decisions discussed 41 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
above and therefore there is no necessity to discuss them.
The learned counsel for the applicant has produced Circular issued by the opponents dated
21. 4. 1999, which reads as under:
" K.L.E. SOCIETY'S JAWAHARLAL NEHRU MEDICAL COLLEGE, BELGAUM // CIRCULAR// The Employees of K.L.E. Society working in medical college, Dental College are hitherto are governed by the Pay Scales as declared to the Government Servants by Government of Karnataka from time to time. The employees are well aware that in view of the application of Payment of Gratuity Act, and other ancillary Acts it has been decided by the Society to make uniform pay scales to the employees working in the above institutions by adopting the pay scales as resolved by the Society".
This circular issued by the opponents clearly goes to show that the opponents paid pay scales as declared to the government servants by Government of Karnataka form time to time. Now the opponents can not blow both hot and cold in 42 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
the same breath. The applicant was working in the institution of the opponents and therefore he is entitled to get Government scales as recognized by the opponents themselves.
The learned counsel for the applicant relied upon the decision reported in 2005 -I -Ka.L.J. 147 (DB) in case of Bharatiya Samskrithi Vidya Peeta Bangalore, V/s. The Secretary to the Government of Karnataka, Education Department, Bangalore and others, in which their Lordships have held as under:
" A bare reading of the Rule 5 of the Karnataka Private Educational Institutions (Discipline and Control) Rules, 1978 leaves no room for doubt that an employee of a private institution has to be paid the scale of pay which is not lower than the scale of an employee of a corresponding post in the Government Education Institution".
The ratio of this case also goes to show that an employee of a private institution is to be paid scale of pay which is not lower than scale of pay of Government School Teacher.
43
Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
The contention of the opponents that they have got discretionary right to pay or not to pay the salary and allowances and other service benefits to its employees is not supported by any law and therefore the same is not sustainable in the eye of law.
Therefore for the above said reasons, I am of the opinion that the applicant has got pre- existing right to claim the service benefits as claimed by him from the opponents and therefore their application U/sec.33C(2) of the I.D. Act is maintainable. I further hold that this court has jurisdiction to entertain this application.
Therefore for the reasons stated above, my answers to point Nos.2 & 4 are in the affirmative and I pass the following.
ORDER My answers to point Nos. 2 & 4 are in the affirmative.
44
Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
(Dictated to the Stenographer, computerized by her, corrected and pronounced in the open court by me on this 07th day of June 2011).
Sd/-
(T.H. Avin) District Judge & Presiding Officer, Additional Labour Court, Hubli."
4. Mr.Mallikarjunswamy B.Hiremath and Sri.B.C.Prabhakar, learned counsels appearing for the Employer - KLE Society vehemently submitted that the learned Labour Court has wholly erred in deciding these issues of jurisdiction in favour of the respondents-workmen, as Section 33C(2) of the Act is in the nature of execution proceedings and it does not permit the Labour Court to adjudicate the merits of the rival claims of the parties, where the liability in respect of the dues of the workmen is denied and disputed by the employer. He submitted that as far as basic pay and salary of the employees of the petitioner-educational institution is concerned, the same was at par with the Government 45 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
employees, but way back in the year 1984, the Employer had developed its own scheme of payment of Dearness Allowance and encashment of Earned Leave, etc. and the respondents had accepted the said payment of Dearness Allowance and encashment all this period from 1984 up till their retirement and the said payment of Dearness Allowance, etc. were on the basis of mutual contract and the respondents, the ex-employees could not claim any difference amount by claiming the parity with the Government employees in this regard and this disputed liability of the Employer Institution could not have been adjudicated and decided in favour of the respondents by the Labour Court under Section 33C(2) of the Act.
5. He submitted that as far as the retired Teachers and other non-teaching staffs / respondents are concerned, in view of the jural relationship of employer and employee having come to an end with their retirement, they did not even fall within the 46 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
ambit of the Industrial Disputes Act, 1947 and their applications under Section 33C(2) of the Act were not even maintainable.
6. He further submitted that as far as Teachers were concerned, they were not "workmen" within the definition of 'Workman' as defined under Section 2(s) of the Act an therefore, even Mr.Siddappa, the Instructor who was the only person still in service and who was originally appointed as Carpenter / Mechanic, after his promotion as Assistant Instructor fell within the category of the "Teacher" and he and other employees were not "workmen" so as to maintain the said applications under Section 33C(2) of the Act. He relied upon several case laws in support of his contentions, some of which would be referred hereinafter.
7. On the other hand, learned counsel for the respondent - workmen, Mr.D.B.Karigar, submitted that the 47 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
learned Labour Court has rightly decided these two preliminary issues in favour of the workmen and the workmen being non- teaching staff fell within the definition of workmen as defined under Section 2(s) of the Act and the petitioner-employer KLE Society itself had earlier paid the salary and Dearness Allowances at par with the Government employees in similar posts and therefore, the respondent-workmen had a pre-existing right to get such difference of Dearness Allowances and encashment of Earned Leave, etc. at par with the Government employees in terms of Section 5 of the Karnataka Private Educational Institution Rules, 1978, They relied upon the Circular issued by the employer KLE Society on 21st April 1999 reproduced in the order of the Labour Court and submitted that the said Circular clearly shows that the employees of the KLE Society working in their Medical College and Dental College are governed by the pay-scales as declared for the Government servants of the Government of 48 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
Karnataka. Therefore, they submitted that the preliminary issues decided in favour of the respondents are rightly decided by the Labour Court and the present Writ Petitions filed by the employer ought to be dismissed. They have also submitted that the claims of the respondents were not disputed claims and therefore, the Labour Court could proceed under Section 33C(2) of the Act to determine the claims of the respondents and direct the recovery of the same from the employer.
8. I have heard the learned counsels at length and perused the record and case-laws cited at the Bar.
9. This Court is of the clear opinion that the learned Labour Court below has clearly fallen into error in going much beyond the scope of Section 33C(2) of the Act. It is deciding the said applications in the manner as if it were deciding some original Civil Suit or a Writ Petition filed by the respondents and that too without proper evidence. The petitioner-employer 49 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
KLE Society had clearly denied its liability to pay the difference of Dearness Allowances and encashment of Earned Leave to the respondents and therefore, deciding the respective rights of the parties whether the employees would get such benefit or not was simply beyond the scope of Section 33C(2) of the Act. The said provisions merely envisages enforcement of pre-existing, admitted and crystalised liability of the employer or industry towards the workmen and it does not envisage the determination and adjudication of such rights while deciding the application under Section 33C(2) of the Act.
10. A bare perusal of the language of Section 33C of the Act would make it clear. The same is reproduced herein below for ready reference:
" 33C. Recovery of money due from an employer.- (1) Where any money is due to a workman from an employer under a settlement or an award or under the provisions of Chapter VA 50 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
or Chapter VB, the workman himself or any other person authorised by him in writing in this behalf, or, in the case of the death of the workman, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate Government for the recovery of the money due to him, and if the appropriate Government is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector who shall proceed to recover the same in the same manner as an arrear of land revenue:
Provided that every such application shall be made within one year from the date on which the money became due to the workman from the employer:
Provided further that any such application may be entertained after the expiry of the said period of one year, if the appropriate Government is satisfied that the applicant had sufficient cause for not making the application within the said period.51
Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
(2) Where any workman is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due or as to the amount at which such benefit should be computed, then the question may, subject to any rules that may be made under this Act, be decided by such Labour Court as may be specified in this behalf by the appropriate Government; 1[within a period not exceeding three months:
Provided that where the presiding officer of a Labour Court considers it necessary or expedient so to do, he may, for reasons to be recorded in writing, extend such period by such further period as he may think fit.
(3) For the purposes of computing the money value of a benefit, the Labour Court may, if it so thinks fit, appoint a commissioner who shall, after taking such evidence as may be necessary, submit 52 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
a report to the Labour Court and the Labour Court shall determine the amount after considering the report of the commissioner and other circumstances of the case.
(4) The decision of the Labour Court shall be forwarded by it to the appropriate Government and any amount found due by the Labour Court may be recovered in the manner provided for in sub-section (1).
(5) Where workmen employed under the same employer are entitled to receive from him any money or any benefit capable of being computed in terms of money, then, subject to such rules as may be made in this behalf, a single application for the recovery of the amount due may be made on behalf of or in respect of any number of such workmen. Explanation.--In this section "Labour Court"
includes any court constituted under any law relating to investigation and settlement of industrial disputes in force in any State. "53
Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
11. Section 2(s) of the Act is also quoted below:
" 2(s) Workman.-- "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person--
(i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or
(ii) who is employed in the police service or as an officer or other employee of a prison; or 54 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
(iii) who is employed mainly in a managerial or administrative capacity; or
(iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature."
There is no mention of a retired employee / workman to be included within the meaning of workman under Section 2(s) of the Act.
12. This Court is at loss to understand as to how the Learned Labour Court, despite citation of several Supreme Court's judgments to this effect that the scope of Section 33C(2) of the Act does not permit such kind of determination and noticing the same to the said effect and clear provisions of Sub-section (2) of Section 33 C of the Act, still proceeded to hold otherwise by simply saying that the facts of those 55 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
decisions were distinguishable. It is the ratio of these judgments which was important and binding on the Labour Court and it was noticed by the Labour Court also, but somehow the Labour Court by-passing these binding precedents, deliberately chose to decide these issue Nos.2 and 4 in favour of the respondent-workmen. Such judicial indiscipline on the part of the Presiding Officers of the Labour Courts, who are District Judges, cannot be appreciated and such efforts deserve to be deprecated.
13. Some of the Supreme Court's judgments are briefly narrated here for the sake of more clarity for the Courts below.
14. In Kapur S.K. Vs. New Delhi Municipal Corporation, (2005) 1 LLJ 1075, the Hon'ble Supreme Court held that the applications under Section 33C(2) of the Act after the delay of 14 years of retirement and eight years after of 56 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
which the claim arose, renders such applications unsustainable. In that case, the workman claimed ex-gratia payment and pay- scales under a certain judgment of the Supreme Court from the employer-New Delhi Muncipal Corporation after so many years and the Hon'ble Supreme Court rejected the claim as unsustainable.
15. In Municipal Corporation of Delhi Vs. Ganesh Razak and Another, (1995) 1 LLJ 395, (referred by the Labour Court also), the Hon'ble Supreme Court held that the claim of the daily-rated/casual workers of Delhi Municipal Corporation who claimed that they were doing some of the work as the regular employees and therefore, they were required to pay the same pay as the regular employees on the principles of 'equal pay for equal work', whereas such claim was disputed by the Delhi Muncipal Corporation. The Hon'ble Supreme Court held that the Labour Court cannot decide the entitlement as 57 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
incidental to its powers and then compute the claim under Section 33C(2) of the Act. The Court said that the power of the Labour Court is like that of an Executing Court and the Labour Court cannot determine the dispute of entitlement or the basis of claim in the absence of prior adjudication or recognition by the employer.
16. The Labour court, despite noticing these observations, chose to take different view. The distinction of facts was not relevant and secondly, the facts, when viewed in the light of the ratio of judgments, cannot dislodge the ratio itself. The principles laid down was that the disputed claims are not to be adjudicated under Section 33C(2) of the Act. So, whether it was Daily wagers claiming parity with regular employees in the aforesaid case or whether it is difference of Dearness Allowance and Earned Leave Encashment, as involved in this case, the same principles would govern the 58 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
decision on the question of jurisdiction. The learned Labour Court utterly failed to appreciate the clear legal position of law.
17. In State of UP and another vs. Brijpal Singh, (2005) III LLJ 1003, again the Hon'ble Supreme Court held that the Labour Court had no jurisdiction to decide the application under Section 33C(2) of the Act as the undetermined claim of the wages due under the interim order of the High Court in the Writ Petition, staying the termination of services, cannot be held to be a pre-existing and determined claim in favour of the workman.
18. In Sri.Siddartha Education Society Vs. Tumkur District Technical Institutions Non-Teaching Employees Union, ILR 2003 (Kar.HC) 163, a learned Single Judge of this Court dealt with Rule 5 itself as involved in the present case and held in paragraph 22 of the judgment as under: 59
Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
"22. Though Rule 5 of the Rules 1978 provide that the scale of pay of an employee of an Institution shall not be lower than the scale of pay of an employee of a corresponding post in the government educational institutions it does not ipso facto mean that the benefit of DA, CCA, HRA, and other allowances are to be paid to such employees which non-teaching staff of the government technical institutions are entitled to. Rule 5 only provides for payment of scale of pay and it does not refer to any allowances. Before a set of employees could claim parity of pay scales on the principle of equal pay for equal work it has to be shown by such claimants that qualitatively and quantitatively the work which they do is the same type and nature as that of their counter parts whose pay scales are pressed into service for getting the parity. Not only that even educational qualifications must be identical. It is well settled by a series of decisions by the Supreme Court, different pay scales could be prescribed for employees having different educational 60 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
qualifications. Therefore, even the aforesaid doctrine of equal pay for equal work only refers to pay and not to other allowances. In the case of MAHATMA GANDHI VIDYA PEETA, this Court was interpreting Rule 5 of Rules 1978 and it has been held that the provisions of Rule 5 would squarely apply to the petitioners who were working as non-teaching employees of the respondent society who are in the light of the said provision are entitled to the pay scales that cannot be lower than once admissible to the employees holding corresponding posts in the government educational institutions. Therefore, it is clear from the aforesaid judgment also what the employees in private educational institutions are entitled to is the pay scales which are admissible to the employees working in government institutions on equivalent posts. That judgment is of no assistance to the respondents to substantiate their claim for other monetary benefits such as DA, HRA, CCA and other allowances which are outside the purview of "the pay"."61
Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
This judgment was not cited before the learned Labour Court.
19. In A.Sundarambal Vs. Government of Goa, Daman and Diu, AIR 1988 SC 1700, while dealing with a case of "Teachers" employed by educational institutions-whether they could be held to be workman or not, the Hon'ble Supreme Court answered the question in the negative and held as under:
" 10. The Court held that the employee Mukerjee involved in that case was not a workman under section 2(s) of the Act because he was not mainly employed to do any skilled or unskilled manual or clerical work for hire or reward, which were the only two classes of employees who qualified for being treated as 'workman' under the definition of the expression 'workman' in the Act, as it stood then. As a result of the above decision, in order to give protection regarding security of employment and other benefits to sales representatives, parliament passed separate law 62 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
entitled the Sales Promotion Employees (Conditions of Service) Act, 1976. It is no doubt true that after the events leading to the above decision took place section 2(s) of the Act was amended by including persons doing technical work as well as supervisory work. The question for consideration is whether even after the inclusion of the above two classes of employees in the definition of the expression 'workman' in the Act a teacher in a school can be called a workman. We are of the view that the teachers employed by educational institutions whether the said institutions are imparting primary, secondary, graduate or post graduate education cannot be called as 'workmen' within the meaning of section 2(s) of the Act. Imparting of education which is the main function of teachers cannot be considered as skilled or unskilled manual work or supervisory work or technical work or clerical work. Imparting of education is in the nature of a mission or a noble vocation. A teacher educates children, he moulds their character, builds up 63 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
their personality and makes them fit to become responsible citizens. Children grow under the care of teachers. The clerical work, if any they may do, is only incidental to their principal work of teaching. We agree with the reasons given by the High Court for taking the view that teachers cannot be treated as 'workmen' as defined under the Act. It is not possible to accept the suggestion that having regard to the object of the Act, all employees in an industry except those falling under the four exceptions (i) to (iv) in section 2(s) of the Act should be treated as workmen. The acceptance of this argument will render the words 'to do any skilled or unskilled manual, supervisory, technical or clerical work' meaningless. A liberal construction as suggested would have been possible only in the absence of these words. The decision in May and Baker (India) Ltd. v. Their Workmen,, (AIR 1967 SC 678) (supra) precludes us from taking such a view. We, therefore, hold that the High Court was right in holding that the appellant was not a 'workman' though the school 64 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
was an industry in view of the definition of 'workman' as it now stands. "
The said judgment would squarely cover the case of the Respondent-Mr.Siddappa G.Namba, Instructor, who fell within the scope of the term 'Teacher' instead of 'workman' as defined under Section 2(s) of the Act.
20. In view of the aforesaid settled legal position, this Court is of the considered view that the learned Labour Court has clearly erred in deciding both the preliminary Issue Nos.2 and 4 in favour of the respondents.
21. The claim of the respondents as per Rule 5 of the Karnataka Private Educational Institutions (Discipline and Control) Rules, 1978, which provides that the pay of the un- aided educational institutions shall be at par with the Government employees is also of no help to the respondents. Such parity of pay does not talk of allowances like Dearness 65 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
Allowance, HRA, encashment of leave, etc. The learned Single Judge of this Court in Sri.Siddartha Education Society Vs. Tumkur District Technical Institutions Non-Teaching Employees Union, ILR 2003 (Kar.HC) 163, (supra), vide paragraph 22 quoted above, made this position clear, but, it appears that said judgment was not brought to the notice of the Labour Court at the time of decision in the impugned order passed by the Labour Court.
22. Had it been so brought to the notice of the Labour Court, perhaps the things would have been different. Be that as it may. Irrespective of the same, even the question of interpretation and applicability of Rule 5 for determining the claim of the respondents could not have been gone into by the Labour Court while deciding the application under Section 33C(2) of the Act. The retired or ex-employees could not at all invoke Section 33C(2) of the Act, as they were outside the 66 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
scope of definition of "workman" as defined under Section 2(s) of the Act, which envisages only workman who is working in presentia with the Employer-Industry.
23. The moment an employer disputes the liability of the workman and it requires the adjudication of the mutual rights, such adjudication falls outside the ambit and scope of the Section 33C(2) of the Act. For that, the concerned parties have to avail separate adjudicational remedies.
24. Enforcement of such liability of the Employer not yet adjudicated by the competent authority or Tribunal cannot be made, by resorting to Section 33C(2) of the Act. The present case was one such where the Labour Court exceeded the limits of parameters of Section 33C(2) of the Act and embarked upon the adjudication of respective rights itself, while deciding the issue Nos.2 and 4 against the petitioner-employer and in favor of the Respondent-workmen. It was impermissible to do 67 Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
so. It renders the impugned order without jurisdiction and liable to be quashed.
25. The present Writ Petitions are accordingly allowed. The impugned order passed by the learned Labour Court on 07th June 2011 deciding the preliminary issues in favour of the respondent workmen is quashed and set aside. With the preliminary issues decided in favour of the employer and against the workmen by this Court by this order, the applications filed under Section 33C(2) of the Act by all the respondents, shall also stand rejected and accordingly, all the cases viz., Applications under Section 33C(2) of the Act pending in the Labour Court below in this regard against the petitioner KLE Society shall stand dismissed accordingly. 68
Date of Order: 02.06.2017 WP. Nos. 65280/2011 & Connected Cases The Karnataka Lingayat Education Society, & othersVs. Siddappa G. Namba.
The Writ Petitions filed by the employer-KLE Society are accordingly allowed. No order as to costs.
Sd/-
JUDGE RK/-