Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 31512 (KAR)

THE DISTRICT FOREST OFFICER v. SUNDRAPPA

WP/20480/2014 · 2025-01-21

Anant Ramanath Hegde

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:2402 WP No. 20480 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 20480 OF 2014 (L-TER) BETWEEN: 1. THE DISTRICT FOREST OFFICER, SOCIAL FORESTRY, CHAMARAJANAGAR. 2. THE CHIEF SECRETARY TO GOVERNMENT OF KARNATAKA. 3. THE PRINCIPAL CHIEF CONSERVATOR OF FOREST, ARANYABHAVAN, MALLESHWARAM, BANGALORE. …PETITIONERS (BY SMT RASHMI RAO, HCGP) AND: SUNDRAPPA, S/O MARAPPA, CHILAKAVADI GRAMA, KOLLEGAL TALUK - 571440. …RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.6.1.2012 PASSED BY THE LABOUR COURT IN IID NO.53 OF 2000 AS PER ANNEX-A TO THE W.P. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by C HONNUR SAB Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2402 WP No. 20480 of 2014 CORAM: HON'BLE MR JUSTICE ANANT RAMANATH HEGDE ORAL ORDER Heard Smt.Rashmi Rao, learned High Court Government Pleader appearing for the petitioners. The respondent is served and unrepresented. 2. Learned counsel appearing for the petitioners is assailing the order dated 06.01.2012 in I.I.D.No.53/2000 passed by the Labour Court, Mysuru. In terms of the said order, the application filed by respondent is allowed with a direction to reinstate the respondent into service to the same old post which he was holding as on the date of removal from service with 50% back wages from the date of removal fro service i.e., 01.09.1999 till the date of reinstatement within one month from the date of award becoming enforceable. 3. Learned High Court Government Pleader appearing for the petitioners would contend that the petitioners being the State does not fall under the definition of the 'Industry' under the Industrial Disputes Act, 1947. As such the Labour Court had no jurisdiction. Thus, it is the submission that the impugned order has to be set aside for want of jurisdiction. - 3 - NC: 2025:KHC:2402 WP No. 20480 of 2014 4. Since the question raised in the present petition is under consideration before the Hon'ble Apex Court, this Court is of the view that the petitioners should satisfy the direction contained in the impugned order subject to the respondent giving an undertaking to the petitioners to reimburse the entire amount, in case the Hon'ble Apex Court takes a view that the dispute raised in the present petition is not within the purview of the jurisdiction of the Labour Court. 5. In case such an undertaking is given by the respondents, the petitioners shall release the said amount within two months from the date of said undertaking. Since the only contention is relating to the jurisdiction, this Court does not find any other reason to interfere with the impugned order. 6. Accordingly, the Writ Petition is disposed of as aforesaid. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP List No.: 1 Sl No.: 44