Mr R C Mallesh vs Smt C P Kaveramma on 15 December, 2020

[Cites 3, Cited by 0]

Karnataka High Court

Mr R C Mallesh vs Smt C P Kaveramma on 15 December, 2020

Bench: M. Nagaprasanna

                           1




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 15TH DAY OF DECEMBER, 2020

                        BEFORE

        THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

         WRIT PETITION NO.28156 OF 2015 (L-RES)

BETWEEN :

MR R C MALLESH
S/O MR CHENNAIAH,
AGED ABOUT 43 YEARS,
KANNADA MUTT,
BETTAGERI VILLAGE,
AMMATHI HOBLI,
VEERAJPET TALUK,
KODAGU DISTRICT-571 201

NOW RESIDING AT
RUDRAPATNA VILLAGE AND POST,
ARKALGUD TALUK,
HASSAN DISTRICT-573 150.
                                          ...PETITIONER
(BY SRI K A PRAKASH, ADVOCATE-VIDEO CONFERENCING)

AND :

SMT. C P KAVERAMMA
W/O LATE C P POONACHA,
AGED ABOUT 71 YEARS,
R/AT BHAGAVATHI ESTATE,
CHOWRIRA HOUSE, PENSION LANE
MADIKERI TOWN,
KODAGU DISTRICT-571 201.
                                         ...RESPONDENT

     (BY SRI LEELA P. DEVADIGA, ADVOCATE - VIDEO
CONFERENCING)
                                 2




      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUION OF INDIA PRAYING TO QUASH THE
ORDER DATED 02.02.2015 PASSED ON I.A. NO.6 IN CASE
I.D.R. NO.5/2012 BY LABOUR COURT AT MADIKERE VIDE
ANNEXURE-G.

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

                           ORDER

The petitioner in this writ petition has called in question the order dated 02.02.2015 passed on I.A. No.VI in I.D.R. No.5 of 2012 by which the Labour Court rejected the reference made by the Government as not maintainable.

2. The petitioner was appointed as a writer and labourer in the estate of respondent and was subsequently rescind from service on 25.03.2009. On failure of conciliation, the appropriate Government referred the matter to the Industrial Tribunal under Section 10(1)(c) of the Industrial Disputes Act, 1947 (for short, 'the Act') which came to be numbered as I.D.R. No.5 of 2012. The order of reference referred to Labour Court for adjudication reads as follows-

"ºÁV®è¢zÀÝ°è, ¸ÀzÀj ªÀÄÈvÀ PÁ«ÄðPÀgÀ CªÀ®A©vÀgÀÄ AiÀiÁªÀ ¥ÀjºÁgÀPÉÌ CºÀðgÀÄ?"

3. The Labour Court considers that the dispute referred is defective which depicts that the workman is no more. Noticing the fact that it was an error in reference, the appropriate Government by its corrigendum dated 14.01.2015 - Annexure-F altered the Reference and ordered thus -

"G¯ÉèÃTvÀ DzÉÃ±ÀzÀ «ªÁzÁA±ÀUÀ¼À ¨sÁUÀzÀ°è£À PÀArPÉ (2)gÀ §zÀ¯ÁV F PÉ¼ÀPÀAqÀAvÉ w¢Ý N¢PÉÆ¼ÀîvÀPÀÌzÀÄÝ:

ºÁV®è¢zÀÝ°è, ¸ÀzÀj ªÀÄÈvÀ PÁ«ÄðPÀgÀ CªÀ®A©vÀgÀÄ AiÀiÁªÀ ¥ÀjºÁgÀPÉÌ CºÀðgÀÄ?

PÀ£ÁðlPÀ gÁdå¥Á®gÀ CeÁÕ£ÀÄ¸ÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è"

4. The corrigendum is not taken into consideration by the Labour Court and the dispute is rejected solely on the ground that the workman was no more. Therefore, there is error committed by the Industrial Tribunal. The dispute will have to be considered in terms of the corrigendum correcting the reference, as it was long before the disposal of the dispute and pass appropriate orders.

5. For the aforesaid reasons, the following :

ORDER i. Writ petition allowed in part. ii. The order of the Industrial Tribunal passed in I.D.R. No.5 of 2012 dated 0.02.2015 is quashed.

iii. The Labour Court is directed to hear the dispute afresh in terms of the corrigendum i.e., the amended reference and pass appropriate orders on the dispute being taken afresh in accordance with law.

Sd/-

JUDGE hnm

Unlock Advanced Research with PRISMAI

Karnataka High Court