Karnataka High Court
Sri Avinash P vs Union Of India on 12 July, 2023
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NC: 2023:KHC:24369
WP No. 142 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.142 OF 2022 (L-MW)
BETWEEN:
SRI SUNEEL WADEYAR
AGED ABOUT 47 YEARS,
S/O. LATE VENKATAPPA,
R/O. H.NO.176, 'NANDANAM',
EWS, I-FLOOR, X-MAIN, I-STAGE,
HEBBAL, MYSURU - 570 016. ... PETITIONER
(BY SRI N.G. PHADKE, ADVOCATE)
AND:
M/S. BANK NOTE PAPER MILL INDIA PVT. LTD.,
ADMINISTRATIVE BUILDING,
PAPER MILL COMPOUND,
NOTE MUDRAN NAGAR,
MYSURU - 570 003.
REP. BY ITS MANAGING DIRECTOR.
Digitally signed THE COMPANY IS A JOINT VENTURE OF
by SHYAMALA SPMCIL (WHOLLY OWNED PSU UNDER
Location: HIGH GOVERNMENT OF INDIA) AND BRBNMPL
COURT OF (A WHOLLY OWNED SUBSIDIARY OF
KARNATAKA RESERVE BANK OF INDIA). ... RESPONDENT
(BY SRI S.N. MURTHY, SENIOR COUNSEL FOR
SRI SOMASHEKAR, ADVOCATE)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE
RESPONDENT TO PAY FULL WAGES TO THE PETITIONER WITH
EFFECT FROM 20.03.2020 TILL THE RESPONDENT ALLOWS THE
PETITIONER TO PERFORM HIS DUTIES WITH ALL THE
CONSEQUENTIAL BENEFITS AND CONTINUITY OF SERVICE LESS ANY
AMOUNT PAID TO HIM BY THE RESPONDENT DURING THIS PERIOD
AND ETC.
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NC: 2023:KHC:24369
WP No. 142 of 2022
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner in this writ petition is seeking for the following reliefs:
(i) To direct the respondent to pay full wages to the petitioner with effect from 20.03.2020 till the respondent allows the petitioner to perform his duties with all the consequential benefits and continuity of service less any amount paid to him by the respondent during this period;
(ii) To direct the respondent to permit the petitioner to resume duties with all the consequential benefits, in the interest of justice.
(iii) Grant such relief(s) to the petitioner as this Hon'ble Court deems it fit in the facts and circumstances of the case with costs, in the interest of justice.-3-
NC: 2023:KHC:24369 WP No. 142 of 2022
2. Heard Sri N.G.Padke, learned counsel for the petitioner and Sri S.N. Murthy, learned senior counsel for the respondent.
3. Learned senior counsel for the respondent would submit that the present petitioner has sought for a direction to pay full wages with effect from 20.03.2020, till he is allowed to perform his duty. According to learned senior counsel, the said petition is filed in view of rejection of the approval of the application filed by the respondent - management and this order of the Labour Court has been set aside by this Court in W.P.No.2083/2021 and would submit that the matter is remitted back to the Labour Court for consideration of the application seeking approval and the same is pending consideration and as the petitioner is not the employee of the respondent - company, the question of paying wages would not arise and the present petition has become infructuous.
4. Per contra, learned counsel appearing for the petitioner would contend that the order of dismissal has -4- NC: 2023:KHC:24369 WP No. 142 of 2022 become void and inoperative and the petitioner is entitled for full wages for the period from 20.03.2020. Learned counsel would submit that in the event the writ petition is disposed of, liberty may be accorded to the petitioner to revive the petition if the order of the Labour Court is in favour of the petitioner.
5. Having heard learned counsel for the petitioner and the learned counsel for the respondent, the fact that an application seeking approval of the order of dismissal under Section 33(2)(b) of the Industrial Disputes Act, 1947 ("the ID Act" for short) filed before the Labour Court was dismissed, which was assailed before this Court and the Co-ordinate Bench of this Court, vide order dated 21.02.2023, has passed the following order:
"i. The writ petitions are allowed. ii. The matter is remitted to the respondent No.2 for fresh consideration application as by treating the properly submitted by the properly authorized persons, if required by affording an opportunity to the workman of hearing and making his submissions.-5-
NC: 2023:KHC:24369 WP No. 142 of 2022 iii. All the questions are left open."
6. In light of the matter being remitted back to the Labour Court, the petitioner's order of dismissal is not interfered with by any authority or Court and the application under Section 33(2) (b) seeking approval of the order of dismissal is pending consideration. Under such circumstances, the present petition filed by the petitioner seeking for direction to pay wages with effect from 20.03.2020 till the petitioner is allowed to perform his duty, would not survive for consideration at present.
7. Accordingly, the writ petition is dismissed.
Sd/-
JUDGE S*