Davangere Cotton Mills vs Shri J Ramakrishna & 904 Workmen on 17 October, 2012

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Karnataka High Court

Davangere Cotton Mills vs Shri J Ramakrishna & 904 Workmen on 17 October, 2012

Bench: Subhash B Adi

                                          WP No.41059/2012

                              1

       IN THE HIGH COURT OF KARNATAKA AT BANGALORE

         DATED THIS THE 17th DAY OF OCTOBER 2012

                           BEFORE

           THE HON'BLE MR.JUSTICE SUBHASH B ADI

          WRIT PETITION NO.41059 OF 2012 (L-RES)

BETWEEN:

DAVANGERE COTTON MILLS
A DIVISION OF THEN
M/S MORAJI GOKULDAS SPINNING
& WEAVING COMPANY LTD.,
(NOW KNOWN AS PENINSULA LAND LIMITED)
1, PENINSULA SPENTA, MATHURADAS MILLS,
SENAPATI BAPAT MARG, LOWER PAREL,
MUMBAI - 400 013                    ...PETITIONER

(BY SRI.K.KASTURI, SR. ADV. FOR SMT. K SUBHA ANANTHI, ADV.,
M/s. KASTURI ASSTS., ADVS.)

AND:

1. SHRI J RAMAKRISHNA & 904 WORKMEN
   THROUGH NONDA KARMIKARA SANGHATHANE,
   C/O NO. 1805, OLD JANATA,
   SAW MILL ROAD, BAMBOO BAZAAR,
   DAVANAGERE-1

2. THE GOVERNMENT UNDER SECRETARY
   LABOUR DEPARTMENT,
   GOVERNMENT OF KARNATAKA,
   KARMIKA BHAWANA BANNERGHATTA ROAD,
   BANGALORE-29

3. THE LABOUR COMMISSIONER
   LABOUR DEPT.,
   KARMIKA BHAWANA BANNERGHATTA ROAD,
   BANGALORE-29
                                            WP No.41059/2012

                               2

4. THE DY LABOUR COMMISSIONER AND
   SOLICITING OFFICER, GULBARGA REGION,
   GULBARGA                                    ...RESPONDENTS
                              ---

     This writ petition is filed under Articles 226 and 227 of
the Constitution of India praying to call for the records and
proceedings Reference [ID] No.30 of 2011 pending before the
learned Industrial Tribunal Court at Hubli held before the
respondent Nos.2 to 4 and / or their subordinate including
the Asst. Labour Commissioner, Hubli and etc.

    This Petition coming on for Orders this day, the Court
made the following:-

                          ORDER

After arguing for some time, learned counsel for the petitioner submits that the issue No.1 which relates to the delay in raising the dispute should be treated as preliminary issue and also submits that if there are any incidental issues regarding the maintainability, the same may also be treated as preliminary issue.

2. Since the Government itself has referred an issue as to whether the Union can raise a dispute after lapse of 10 years which is a preliminary issue as regard to maintainability, the Labour Court / Tribunal shall go into the preliminary issue and decide. While considering the same, it shall consider all other incidental issues and after hearing the WP No.41059/2012 3 parties, shall dispose of the preliminary issue before going into other issues, as early as possible not later than two months from the date of receipt of copy of this order.

Accordingly, petition is disposed of.

Sd/-

JUDGE RV

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