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2025 DAILYLAW 17773 (KAR)

M/S RT. REV. HEMACHANDRAKUMAR v. M/S. RESHMA SOANS

WP/5872/2025 · 2025-04-15

B M Shyam Prasad

body2025

Judgment text

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- 1 - NC: 2025:KHC:15405 WP No. 5872 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 5872 OF 2025 (L-RES) BETWEEN: M/S RT. REV. HEMACHANDRAKUMAR BISHOP, KARNATAKA SOUTHERN DIOCESAN OFFICE, BALMATTA, MANGALORE-575002. R/BY MR. HEMACHANDRAKUMAR BISHOP AGED ABOUT 60 YEARS R/AT KARNATAKA SOUTH DIOCESAN OFFICE, BALMATTA - 575 002. …PETITIONER (BY SRI. NAVEEN J N.,ADVOCATE) AND: M/S. RESHMA SOANS D/O REV. I.L. SOANS, AGED ABOUT 45 YEARS, RESIDING AT NO-301, SANJEEVANA APARTMENTS, BALMATTA, MANGALORE-575002. C/O GENERAL SECRETARY, GENERAL STAFF ASSOCIATION, FELIX PAI BAZAR, MANGALORE-575002. …RESPONDENT Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - NC: 2025:KHC:15405 WP No. 5872 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE PROCEEDINGS IN IDR NO. 11/23 PENDING BEFORE THE LABOUR COURT AT MANGALORE AT ANNX-F TO BE W.P. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has sought for quashing of the proceedings in IDR No.11/2023 on the file of the Labour Court, Dakshina Kannada, Mangaluru. Sri Naveen J.N., learned counsel for the petitioner, submits that [a] the proceedings in IDR No.11/2023 is on a reference by the State Government under Section 10 of the Industrial Disputes Act, 1947 [for short, 'the ID Act'] at the respondent's instance against the decision to keep her under suspension; [b] during the pendency of the proceedings, the petitioner has served the respondent with an order for - 3 - NC: 2025:KHC:15405 WP No. 5872 of 2025 dismissal; and [c] the petitioner has called in question the same under Section 10(4-A) of the ID Act before the Labour Court in IDA No.5/2024. Sri Naveen J.N submits that the respondent must work out her remedy in IDA No.5/2024, but the proceedings in IDR No.11/2023 is rendered infructuous with the dismissal of her service. These submissions are considered, and this Court is of the view that the Labour Court must consider these circumstances and pass just orders lest there be implication of proceedings with costs. Hence, the petition stands disposed of with liberty to the petitioner to file a certified copy of this order with the Labour Court in IDR No.11/2023 to pass just orders to close the proceedings. It is also observed that if the - 4 - NC: 2025:KHC:15405 WP No. 5872 of 2025 petitioner avails this liberty, the Labour Court shall pass just orders within the next six [6] weeks. Sd/- (B M SHYAM PRASAD) JUDGE SA ct:Sr