(BY SMT. MAITREYI KRISHNAN, ADVOCATE) v. SRI. SOMASHEKAR, ADVOCATE FOR R2)
Case at a glance
Outcome
Allowed
Resultantly, the Writ Petition is allowed and
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 66. Resultantly, the Writ Petition is allowed and remanded. Because of disposal of the Writ Petition, pending interlocutory applications if any are disposed of and interim direction if any stands discharged. MRP List No.: 1 Sl No.: 36 SD/- (JYOTI M) JUDGE
Judgment
(BY SMT. MAITREYI KRISHNAN, ADVOCATE) …PETITIONER AND: KUMAR N Location: HIGH COURT OF KARNATAKA
THE LABOUR COMMISSIONER AND AUTHORITY UNDER THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 GOVERNMENT OF KARNATAKA, DEPARTMENT OF LABOUR, KARMIKARA BHAVANA, BANNERGHATTA ROAD, BENGALURU - 560 029.
MANAGEMENT OF M/S. TRACTORS AND FARM EQUIPMENT LTD., REGISTED UNDER THE TRADE UNION ACT, 1926 FLAT NO.1, KIDB INDUSTRIAL AREA, DODDABALLAPURA, BENGALURU RURAL- 561203. REPRESENTED BY SRI. SATISH SINGH, - 2 - NC: 2025:KHC:46970 WP No. 10668 of 2023 HC-KAR GENERAL MANAGER (DR-O) OF M/S. TRACTORS AND FARM EQUIPMENT LTD., (BY SRI. K.P.YOGANNA, AGA FOR R1; SRI. S.M.MURTHY, SR. ADVOCATE FOR SRI. SOMASHEKAR, ADVOCATE FOR R2) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt. Maitreyi Krishnan., counsel behalf Sri.A.J.Srinivasan., for the petitioner, Sri.K.P.Yoganna., AGA for respondent No.1 and Sri.S.N.Murthy., Senior counsel on behalf of Sri. Somashekar., for respondent No.2 have appeared in person.
2. The order dated:20.02.2023 passed by the first respondent vide Annexure-A is called into question in this Writ Petition on several grounds as setout in the Memorandum of Writ Petition. - 3 - NC: 2025:KHC:46970 WP No. 10668 of 2023 HC-KAR
Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care.
The principle ground on which this Court is asked to quash Annexure-A is that the Clause No.12 of the standing order which has not properly quoted by the Labor Commissioner and has erroneously proceeded to pass the order. The order passed by the Labor Commissioner is furnished along with the Writ Petition and the same is marked as Annexure-A. It is dated:20.02.2023. The Labor Commissioner has quoted Clause No.12 of the standing order in page No.3 and a perusal of the same would reflect that "within the State of Karnataka" is missing. The quoting of the Clause No.12 is not done properly, hence, matter requires a remand. The order dated:20.02.2023 liable to be quashed. The Labor Commissioner is directed to take note of Clause No.12 properly and then proceed in the matter, in accordance with the law and pass orders on the merits of the case as expeditiously as possible within three months from the receipt of certified copy - 4 - NC: 2025:KHC:46970 WP No. 10668 of 2023 HC-KAR of this order. This Court has not expressed any opinion on the merits of the case. All the contentions of the parties are kept open.
The Writ of Certiorari is ordered. The order dated:20.02.2023 passed by first respondent vide Annexure-A is quashed.
Operative part
Resultantly, the Writ Petition is allowed and remanded. Because of disposal of the Writ Petition, pending interlocutory applications if any are disposed of and interim direction if any stands discharged. MRP List No.: 1 Sl No.: 36 SD/- (JYOTI M) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Resultantly, the Writ Petition is allowed and
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.