- 1 - NC: 2025:KHC-D:5287-DB WA No. 951 of 2007 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO.951 OF 2007 BETWEEN: 1. VIJAYANAGAR INSTITUTE OF MEDICAL SCIENCES R/BY ITS DIRECTOR, CANTONMENT, BELLARY-583104. 2. THE WARDEN, MEDICAL COLLEGE HOSTEL, BELLARY-583104. …APPELLANTS (BY SRIYUTHS. K.P.N.RAJU, HARISH SHATTY, J.M. ANILKUMAR, ADVOCATES) AND: 1. TAYAPPA, SINCE DEAD BY LRS 1.A. GADILINGAMMA W/O LATE TAYAPPA, AGED ABOUT 49 YEARS, 1.B. PRAKASH S/O LATE TAYAPPA, AGED ABOUT 34 YEARS, 1.A & 1.B BOTH ARE R/AT BANDI HATTI, BALLARI - 583102. 2. SMT. GOVINDAMMA, 3. SRI RAM BAHADDUR SINCE DEAD BY LR’S 3.A SMT. TULASI D/O RAMBAHADDUR DONIMALAI NEAR KMDC COMMUNITY HALL, SANDUR TQ, BELLARY DISTRICT. 4. SMT. NAGAMMA, 5. SMT. NALLAMMA, MOHANKUMAR B SHELAR Digitally signed by MOHANKUMAR B SHELAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:5287-DB WA No. 951 of 2007 SINCE DEAD BY HER LR’S 5.A. SUNKAMMA W/O NAGAPPA, AGE. 40 YEARS, 27TH WARD, HATTI MAKAN STREET, COWL BAZAAR, NEAR BADA KAMELA, BELLARI-583101. 5.B. NAGENDRA S/O C.B.NAGADU, AGE 53 YEARS, 27TH WARD, HATTI MAKAN STREET, COWL BAZAAR, NEAR BADA KAMELA, BELLARI-583101. 6. SRI GOVINDA, SINCE DEAD BY LR’S 6.A. TIMMAPPA S/O LATE GOVINDA R/AT HOUSE NO.64 AND 65, KARI MAREMMA TEMPLE ROAD, SATYAVANI NAGAR, CANTONMENT BELLARI. 7. K. MUNISWAMY, 8. SRI H. LINGAPPA, SINCE DEAD BY LR’S 8.A. NINGAMMA W/O LATE LINGAPPA, WARD NO.28, COMPLETE HOUSES, BANDIHATTI, C.B BALLARI-583101. 9. SRI K. DEVANNA, 10. SRI SUNKANNA SINCE DEAD BY LR’S 10.A. GANGAMMA W/O LATE SUNKANNA, AGE. 54 YEARS, R/AT. AROUND THE SCHOOL HOUSES, HONNALLI TQ. AND DIST- BALLARI. 11. SMT. LAXMI DEVI, 12. SRI LAXMANA, 13. SMT. MARISIDDAMMA, - 3 - NC: 2025:KHC-D:5287-DB WA No. 951 of 2007 14. SRI TIMMAPPA, 15. SMT. N. PADMALAXMI SINCE DEAD BY LR’S 15.A SMT. CHUDAMANI D/O N. PADMALAXMI W/O SHIVAREDDY AGED ABOUT 47 YEARS, R/AT HOUSE NO.82, MEDICAL COLLEGE QUARTERS CANTONMENT, BELLARY, BELLARY CANTONMENT BELLARY, KARNATAKA-583104. 15.B SMT. NAGAMANI D/O. N. PADMALAXMI W/O LAKSHMANA M AGED ABOUT 40 YEARS, R/AT WARD NO.30, VVS COLONY, MEDICAL COLLEGE QUARTERS CANTONMENT, BELLARY BELLARY CANTONMENT BELLARY, KARNATAKA-583104. 16. SRI RAMANJENEYALU, SINCE DEAD BY HIS LR’S 16.A. SMT. JAYALAKSHMI W/O LATE RAMANJENEYA, AGED ABOUT 50 YEARS, 16.B. SR. SHIVAKUMAR S.R., S/O LATE RAMANJENEYA, AGED ABOUT 29 YEARS, 16.C. SANDYA KUMARI D., D/O LATE RAMANJENEYA, AGED ABOUT 26 YEARS, 16.A TO 16C ARE R/AT SATYAVANI NAGARA, KARIMARAMMA GUDI ROAD, BALLARI-583104. 17. SRI PAUL PRABHKAR, 18. SRI VENKATESH, 19. SRI B.A. SRIRAMULU, 20. SRI CHANDRASHEKAR, - 4 - NC: 2025:KHC-D:5287-DB WA No. 951 of 2007 21. SRI MALLESH, 22. SRI M. VENKATESH, 23. SRI R.M. MABIBAKSH, 24. SMT. JAYASHEELA, 25. SRI M. JAYARAM, 26. SRI SHIVA, 27. SRI ANAND, 28. NAGARATHNA, 29. G. SHAKUNTHALA, 30. KAVITHA, 31. RANGAMMA, 32. SRI ASHOK, 33. SRI PREMKUMAR, THE RESPONDENTS NO. 1 TO 33 ARE C/O. PARASANNAKUMAR R., NO.58, KUDREPALAPPADEEDI, BELLARY. 34. STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY, DEPT. OF LABOUR, M.S. BUILDING, BANGALURU-560001. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R6 TO R34; SRI. M.B. RADDI, ADV. FOR R1(A),R1(B),R5(A),R5(B),R6(A),R8(A), R10(A), R9,R11 TO R14, R15(A),R15(B),R17 TO R20,R23,R24,R29 TO R31 & R33; SRI. NANDISH PATIL, ADV. FOR R2, R21 & R28; SRI. B. KRUPANAND, ADV. FOR R15(A),R15(B),R18,R25,R26,R27, R32 & PROPOSED R16(A-C); SRI. K.S. UDAY, ADV. FOR R9, R11, R12, R13, R17 TO R20,R23,R24, R29 TO R31 & R33) - 5 - NC: 2025:KHC-D:5287-DB WA No. 951 of 2007 WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT 1961, R/W RULES 26 AND 27 OF THE WRIT PROCEEDINGS AND RULES 1977 AS AMENDED, PRAYING TO, ALLOW THE WRIT APPEAL BY SETTING ASIDE THE ORDER DATED 11.09.2006 PASSED BY THE LEARNED SINGLE JUDGE IN THE WRIT PETITION NO.3005/2002 (L- TER) BY ALLOWING THE WRIT PETITION NO.3005/2002(L-TER) & ETC., THIS WRIT APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) 1. The present intra-Court appeal is filed under Section 4 of the Karnataka High Court Act, 1961, calling in question the order dated 11.09.2006 passed in WP No.3005/2002, whereunder, learned Single Judge dismissed the writ petition, which challenged the award dated 23.05.2001 passed in ID No.34/1998 by the Industrial Tribunal, Hubli. 2. Learned counsel for the respondents raised preliminary objection regarding maintainability of writ appeal and places reliance on decision of a co-ordinate Bench of this Court in the case of The Management of NWKRTC Vs. Mohammad Jafar1. 1 WA No.100321/2024 & other connected appeals, disposed of on 13.11.2024 - 6 - NC: 2025:KHC-D:5287-DB WA No. 951 of 2007 3. It is forthcoming that the co-ordinate Bench of this Court in the case of Management of NWKRTC1 noticing the judgment of another co-ordinate Bench of this Court in the case of The Management of Bharat Fritz Werner Limited Vs. Bharat Fritz Werner Karmika Sangha2, has held that intra- Court appeal challenging the order passed by the learned Single Judge, wherein order of the Labour Court is challenged, is not maintainable. 4. In view of the orders passed by the co-ordinate Benches of this Court in the cases of Management of NWKRTC1 and the Management of Bharat Fritz Werner Limited2, the above appeal is dismissed as not maintainable. 5. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 26 2 AIR Online 2022 KAR 4396