- 1 - NC: 2025:KHC:1539-DB WA No. 1568 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.I.ARUN WRIT APPEAL NO. 1568 OF 2024 (L-RES) BETWEEN: 1. NATIONAL INSTITUTE OF ROCK MECHANICS OUTER RING ROAD, ESHWAR NAGAR BANASHANKARI 2ND STAGE BENGALURU 560070 HAVING ITS REGISTERED OFFICE AT CHAMPION REEFS, KOLAR GOLD FIELDS KOLAR, KARNATAKA 563 117 REP BY ITS AUTHORIZED REPRESENTATIVE SHRI JOTHIAPPA N. …APPELLANT (BY SRI M.R.C. RAVI, SENIOR ADVOCATE FOR SRI SUNITA SRINIVAS, ADVOCATE) AND: 1. SHRI NAVEEN ANANDAN S/O A YESHUPATHAN AGED ABOUT 41 YEARS R/AT NO.8, OLD GSI BUNGALOW CHAMPION REEF KGF KARNATAKA 563 122 2. SHRI S THOBIAS S/O LATE SAVIRINATHAN AGED ABOUT 51 YEARS Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:1539-DB WA No. 1568 of 2024 R/AT NO.1145 PIPELINE C BLOCK, NEAR RED BUILDING KGF, KARNATAKA 563 122 3. GOVERNMENT OF INDIA MINISTRY OF MINES REP BY ITS SECRETARY 3RD FLOOR, A WING SHASTRI BHAVAN NEW DELHI 110001 4. REGIONAL LABOUR COMMISSIONER (CENTRAL) SHRAM SADAN 3RD CROSS, 3RD MAIN TUMKUR ROAD YESHWANTPUR BENGALURU 560022 …RESPONDENTS (BY SRI CHANDAN, ADVOCATE FOR SRI Y.K. NARAYAN SHARMA, ADVOCATE FOR R1 AND R2; SRI M.N. KUMAR, CGC FOR R3 AND R4) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 09/08/2024 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NO.16160/2023. THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:1539-DB WA No. 1568 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned Senior Advocate Mr. M.R.C. Ravi for learned advocate Smt. Sunita Srinivas for the appellant, learned Central Government Counsel Mr. M.N. Kumar for respondent Nos.3 and 4 and learned advocate Mr. Chandan for learned advocate Mr. Y.K. Narayan Sharma for respondent Nos.1 and 2 who appeared through video conference. 2. The challenge in this appeal is directed against the judgment and order dated 09.08.2024 passed by learned Single Judge, whereby the writ petition was allowed in part issuing the following directions, "(i) The impugned order dated 23.03.2023 produced at Annexure-A passed by the respondent No.2- Regional Labour Commissioner (Central), Bangalore is hereby set aside. (ii) Matter is remitted back to respondent No.2- Officer to reconsider the matter afresh. - 4 - NC: 2025:KHC:1539-DB WA No. 1568 of 2024 (iii) All contentions are kept open. (iv) Keeping in mind, the aforesaid observations of this Court and pass appropriate orders after affording an opportunity to the parties within an outer limit of 30 days thereafter." 3. The above operative directions suggest that learned Single Judge has only remitted back the matter for reconsideration by respondent No.2 afresh. It was also observed that all contentions are kept open. Since the order is only of remand, the Court is not inclined to interfere with the order. 4. Learned advocate for the appellant, however, apprehended that the observations in paragraph 8 of the order of learned Single Judge may render the case of the appellant a fait accompli. 5. In this regard, it is observed that since learned Single Judge has provided that all contentions are open, it is clarified that the contentions which may be raised shall include in relation to what is observed in paragraph 8 also. 6. This Court has not gone into the merits of the matter since the case is remanded and the controversy shall be at large in its entirety. - 5 - NC: 2025:KHC:1539-DB WA No. 1568 of 2024 7. The appeal is disposed of as not entertained. In view of disposal of the appeal, any interlocutory application that may be pending, would not survive and stands accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE KPS List No.: 1 Sl No.: 25