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2025 DAILYLAW 84083 (KAR)

THE PRINCIPAL v. THE LABOUR COMMISSIONER

WP/75100/2013 · 2025-09-11

C M Poonacha

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11823 WP No. 75100 of 2013 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 75100 OF 2013 (L-RES) BETWEEN: 1. THE PRINCIPAL, BASAVESHWARA VIDYAVARDHAKA SANGHA, P.M. NADAGOUDA MEMORIAL DENTAL COLLEGE AND HOSPITAL, BAGALKOT. 2. THE CHAIRMAN, BASAVESHWARA VIDYA VARDHAKA SANGHA, CENTRAL OFFICE, BAGALKOT. …PETITIONERS (BY SRI. PRANAV U. BADAGI FOR SRI. S.B. HEBBALLI, ADVOCATE) AND: 1. THE LABOUR COMMISSIONER, KARMIKA BHAVANA, BANNERGHATTA ROAD, BANGALORE. 2. RAMESH S/O. REVANASIDDAPPA MULLUR, AGE: 46 YEARS, OCC: SERVICE, R/O. HUNDEKAR STREET, BAGALKOT. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. K.L. PATIL, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 10/09/2012 PASSED BY THE LABOUR COMMISSIONER, BANGALORE, IN NO.IAA-2/CR-37/2012-13, A COPY OF WHICH IS PRODUCED HEREIN AS PER ANNEXURE-D AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:11823 WP No. 75100 of 2013 CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present writ petition is filed seeking for quashing of the order dated 10.09.2012(Annexure-D) bearing No.IAA-2/CR-37/2012-13 by the Labour Commissioner, Bangalore. 2. The said order dated 10.09.2012 was passed due to non-compliance of the order dated 22.12.1999 passed in KID No.26/1997. It is further forthcoming from the record that Execution Case No.187/2011 was filed to execute the award dated 22.12.1999 passed in KID No.26/1997. 3. Learned counsel for the respondent has filed a memo placing on record that vide order dated 27.04.2015, Execution Case No.227/2013 pending on the file of the Principal Senior Civil Judge and CJM, Bagalkot was closed. 4. In view of the fact that the execution proceedings have been closed as noticed above, having - 3 - HC-KAR NC: 2025:KHC-D:11823 WP No. 75100 of 2013 regard to the fact that the order bearing No. IAA-2/CR- 37/2012-13 dated 10.09.2012 has been passed due to non- compliance of the order passed in KID No.26/1997, the relief sought for in the present writ petition is liable to be granted. 5. Hence the following : ORDER i) The writ petition is allowed. ii) The order bearing No.IAA-2/CR-37/2012-13 dated 10.09.2012 passed by the Labour Commissioner, Bangalore is hereby quashed. Sd/- (C.M. POONACHA) JUDGE HMB CT-MCK List No.: 1 Sl No.: 33