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2025 DAILYLAW 36425 (KAR)

GENERAL SECRETARY v. DEPUTY LABOUR COMMISSIONER AND CERTIFYING OFFICER BENGALURU

WA/1837/2024 · 2025-01-15

M I Arun

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Judgment text

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- 1 - NC: 2025:KHC:1411-DB WA No. 1837 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. 1837 OF 2024 (L-RES) BETWEEN: 1. GENERAL SECRETARY LM WIND POWER BLADES GENERAL EMPLOYEES UNION (REGISTERED UNDER TRADE UNIONS ACT, 1926) PLOT NO. 85, KIADB INDUSTRIAL AREA DABASPETE, SOMPURA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT - 562 111 REPRESENTED BY ITS GENERAL SECRETARY A S N SHAMBANNA …APPELLANT (BY SRI. ADITYA CHATTERJEE, ADVOCATE) AND: 1. DEPUTY LABOUR COMMISSIONER AND CERTIFYING OFFICER BENGALURU REGION 1, KARNATAKA STATE LABOUR INSTITUTE BUILDING MANJUNATHA NAGARA BAGALAGUNTE BANGALORE - 500 073 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:1411-DB WA No. 1837 of 2024 2. ADDITIONAL LABOUR COMMISSIONER AND THE APPELLATE AUTHORITY UNDER THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 KARMIKA BHAVANA, DAIRY CIRCLE BANNERGHATTA ROAD BANGALORE - 560 029 3. THE MANAGEMENT OF LM WIND POWER BLADES INDIA PRIVATE LIMITED (REGISTERED UNDER THE COMPANIES ACT, 1956) PLOT NO. 85, KIADB INDUSTRIAL AREA DABASPETE, SOMPURA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT - 562 111 …RESPONDENTS (SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ADMIT THE INSTANT APPEAL AND SET ASIDE THE IMPUGNED ORDER DATED 16/10/2024 AND 07/11/2024, PASSED BY THE LD. SINGLE JUDGE IN WP NO.13975/2023 AND ALLOW THE INSTANT APPEAL. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:1411-DB WA No. 1837 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) The present appeal is directed against the order passed by learned Single Judge whereby, hearing of the interim application in the pending writ petition has been deferred to different dates. The grievance of the appellant-petitioner is that the prayer in the interim application was for permitting the employees concerned to continue beyond the prevalent retirement age of 58 years. The employees seek retirement at the age of 60 years under the Standing Orders. Mere deferring of the prayer in interim application does not give cause of action for preferring the appeal. The issue remains at large before learned Single Judge to be considered on merits. The appeal is misconceived. The appeal is accordingly dismissed. It is expected that learned Single Judge will take up the interim application and decide it in accordance with law as - 4 - NC: 2025:KHC:1411-DB WA No. 1837 of 2024 expeditiously as possible. It will be open for the appellant- petitioner to request learned Single Judge for expeditious hearing. In view of dismissal of the appeal, the interlocutory applications would not survive and they stand accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE AHB List No.: 1 Sl No.: 20