RASHTROTTHANA PARISHAT v. LABOUR OFFICER AND CONTROLLING AUTHORITY
WP/21294/2024 · 2025-01-22
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30610 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30610 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2583 WP No. 21294 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 21294 OF 2024 (L-PG) BETWEEN:
RASHTROTTHANA PARISHAT (JAIGOPAL GARODIA RASHTROTHANA VIDYA KENDRA) A REGISTERED UNDER THE MYSURU SOCIETIES REGISTRATION ACT 1960 (MYSORE ACT NO. 17/1960) RASHTROTTHANA PARISHAT HAVING ITS OFFICE AT KESHVA SHILPA, KEMPEGOWDANAGAR, CHAMARAJPET, BENGALURU REP BY ITS STATE ADMINISTRATIVE PRAMUKH SHRI. MAHESHWARAIAH S B …PETITIONER (BY SRI. S SUDHARSAN, ADVOCATE) AND:
1.
LABOUR OFFICER AND CONTROLLING AUTHORITY UNDER THE PAYMENTS OF WAGES ACT 1972 SUB DIVISION 3, KARMIKA BHAVAN, BANNERUGHATTA ROAD BENGALURU – 560 029.
2.
SMT. SHEETAL KULKARNI R/AT NO.B-134, ASSETZ MARG NEAR SAI LAKSHMI INDUSTRIES, Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:2583 WP No. 21294 of 2024 WHITEFIELD, HOSAKOTE ROAD BENGALURU-560067 …RESPONDENTS
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 11.6.24 PASSED IN NO.KAABEN-3/UPAKA/CR.6/2024- 25 BY R1 WHICH IS PRODUCED AS ANNEXURE-H. DIRECT THE R1 TO REVERT THE DISPUTE IN NO.KAABEN-3/UPAKA/CR.
6/2024-25 BACK TO THE LABOUR COMMISSIONER FOR ADJUDICATION OF THE MATTER ENABLING THE PETITIONER TO CONTEST THE MATTER AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard the
learned counsel appearing for the petitioner. This petitioner has assailed the order dated 11.06.2024 passed by the Labour Officer. Said order is an appealable order.
2. No exceptional case is made out to entertain the writ petition despite availability of alternative remedy. Hence, the petition is disposed of with the liberty to the petitioner to approach the Appellate Authority.
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NC: 2025:KHC:2583 WP No. 21294 of 2024
3. The time spent in prosecuting this petition i.e., from 29.07.2024 till date has to be excluded in computing the limitation as the writ petition is filed within 60 days from the date of order and 60 days is time provided for filing an appeal.
4. The registry to return Annexure-H to the petitioner by retaining the Xerox copy of the same. The Appellate Authority shall consider the appeal provided if it is filed within 13 days that was available to the petitioner when the writ petition was filed on 29.07.2024.
5. If the appeal is filed in time (excluding time spent from 29.07.2024 till today), the same shall be considered on merits without reference to the provision relating to the limitation. The writ petition is disposed of accordingly. Sd/- (ANANT RAMANATH HEGDE) JUDGE DR List No.: 1 Sl No.: 13