- 1 - HC-KAR NC: 2025:KHC-D:15882 WP No. 103133 of 2021 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103133 OF 2021 (L-KSRTC) BETWEEN: 1. SRI. U. NATARAJ, SINCE DECEASED BY HIS LR’S., SMT. NAGARATNA W/O LATE U. NATARAJ, AGED ABOUT 48 YEARS, OCC. HOUSEHOLD, 2. SRI. U. VINAYAK S/O. LATE U. NATARAJ, AGED ABOUT 20 YEARS, OCC. STUDENT, 3. SRI. U. KISHOR S/O. LATE U. NATARAJ, AGED ABOUT 17 YEARS, OCC. STUDENT, (MINOR REPRESENTED BY NATURAL GUARDIAN MOTHER) ALL ARE R/O. NEAR VADAKARYANA TEMPLE, 34TH WARD, MADDIKATTE, HOSPETE, DIST. BALLARI-583 201. … PETITIONERS (BY SRI. RAVI HEGDE, ADVOCATE) AND: THE MANAGEMENT OF NEKRTC, HOSPETE DIVISION, REPRESENTED BY DIVISIONAL CONTROLLER, HOSPETE DIVISION, HOSPETE, DIST. BALLARI-583 201. … RESPONDENT (BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER QUASHING THE ORDER ON I.A. NO.IV, DATED 18/02/2021 IN KID NO.8/2017, ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE/PRESIDING OFFICER, INDUSTRIAL TRIBUNAL/LABOUR COURT, BALLARI, VIDE ANNEXURE-D AND CONSEQUENT UPON QUASHING THE AFORE SAID ORDER, DIRECTING THE TRAIL COURT TO CONSIDER THE DISPUTE RAISED BY CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.22 11:20:00 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15882 WP No. 103133 of 2021 THE PETITIONERS ON MERITS AND DECIDE THE SAME AS EXPEDITIOUSLY AS POSSIBLE. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent. 2. This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners assailing the order dated 18.02.2021 passed on I.A.No.IV in KID No.8/2017 on the file of Presiding Officer, Industrial Tribunal, Ballari1, marked as Annexure-D. 3. In terms of the said order, I.A.No.IV filed by the respondent under Section 10(8) of the Industrial Disputes Act, 19472, read with Section 151 of the Code of Civil Procedure, 19083, seeking rejection of the claim petition, was allowed. Consequently, the claim petition filed under Section 10(4-A) read with Industrial Disputes Karnataka Amendment Act, 1987, was 1 For short, ‘Tribunal’ 2 For short, ‘Act of 1947’ 3 For short, ‘Code’ - 3 - HC-KAR NC: 2025:KHC-D:15882 WP No. 103133 of 2021 dismissed as not maintainable in law, without adjudication on the merits of the case. 4. Learned counsel appearing for the petitioners would submit that the issue raised in the present petition is covered by the judgment of the Division Bench of this Court in Smt. Dhanalakshmi and Another Vs. The Reserve Bank of India and Others4. 5. Learned counsel appearing for the respondent does not dispute the fact that the issue raised is covered in terms of the aforementioned judgment. 6. The industrial dispute was raised by the legal representatives of deceased workman. The Tribunal has held that the legal representatives of the deceased cannot raise an industrial dispute. 7. In the aforementioned case the Court has held that the legal representatives can initiate the proceeding before the Labour Court. Under these circumstances, the matter has to be considered on merits. 4 W.P.No.26993/1993 C/w W.P.No.21819/1994 - 4 - HC-KAR NC: 2025:KHC-D:15882 WP No. 103133 of 2021 8. Hence the following. ORDER a) The writ petition is allowed. b) The order dated 18.02.2021 passed on I.A.No.IV in KID No.8/2017 on the file of Presiding Officer, Industrial Tribunal, Ballari, is set aside. c) The matter is remitted to the Tribunal for consideration of the case on its merits in accordance with law. d) The parties shall appear before the Tribunal on 15.12.2025 without any further notice from the Tribunal. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 61