- 1 - HC-KAR NC: 2025:KHC-D:18191 WP No. 105789 of 2018 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105789 OF 2018 (L-TER) BETWEEN: SRI. SHIVANAND S/O. GURUSIDDAYYA GALAGALI AGE: 46 YEARS, OCC: TECHNICAL ASSISTANT, MECHANICAL DEPARTMENT NWKSRTC HAVERI, R/O: GHANTIKERI ONI HUBBALLI, DIST: DAHRWAD. …PETITIONER (BY SRI. PRAKASH R.BADIGER, ADVOCATE) AND: THE MANAGEMENT OF NWKRTC REPRESENTED BY ITS REGIONAL WORKS MANAGER, REGIONAL WORKSHOP GOKUL ROAD, HUBBALLI. …RESPONDENT (BY MISS. VIDYASHRI N.MULIMANI, ADVOCATE FOR SRI. PRASHANT S.HOSAMANI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 17.04.2018 PASSED IN APPLICATION NO.26/2015 PASSED BY THE PRESIDING OFFICER LABOUR COURT HUBBALLI VIDE ANNEXURE-J; DIRECT THE RESPONDENT TO RELEASE AN AMOUNT OF RS.69,690/- WITH INTEREST TO THE PETITIONER BY ALLOWING APPLICATION AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.19 16:10:04 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18191 WP No. 105789 of 2018 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 17.04.2018 passed in Application No.26/2015 by the Presiding Officer, Labour Court, Hubballi, rejecting the petitioner’s application filed under Section 33-C(2) of the Industrial Disputes Act, 1947 (for short, ‘Act of 1947). 2. Learned counsel for the petitioner submits that from 03.12.2007 to 10.10.2008, the petitioner was working in Hubballi Division as per the transfer order wherein the petitioner was transferred from Mysore Division to Hubbali Division. It is his contention that despite he reporting to duty and working for the respondent Corporation, the salary is not paid. Accordingly, an application was made under Section 33-C(2) of the Act of 1947 to pay the salary. 3. Learned counsel for the respondent would urge that under Section 33-C(2) of the Act of 1947, petition is not maintainable as there is no award in favour of the petitioner. In addition to that, it is also urged that for the said period from 03.12.2007 to 10.10.2008, the petitioner did not report to duty - 3 - HC-KAR NC: 2025:KHC-D:18191 WP No. 105789 of 2018 and for this purpose, proceeding was initiated and the Authority after hearing the petitioner has conclusively held that the petitioner remained unauthorisedly absent from 06.12.2007 to 10.10.2008. It is urged that the said order has attained finality and the Labour Court is justified in rejecting the application. 4. The Court has considered the contentions raised at the Bar and perused the records. 5. The question is whether the petitioner worked from 03.12.2007 to 10.10.2008 in Hubballi Division, either reporting to duty at Hubballi or at Haveri. 6. Learned counsel the petitioner would submit that the petitioner could not produce the records before the Labour Court and the matter has to be remitted to the Labour Court for fresh consideration. It is his contention that the petitioner has put his signature in the attendance register and that would establish his attendance. 7. The order dated 08.11.2012 holding that the petitioner unauthorisedly remained absent from 03.12.2007 to 10.10.2008 has attained finality as it is not questioned by the - 4 - HC-KAR NC: 2025:KHC-D:18191 WP No. 105789 of 2018 petitioner. The petitioner has accepted the said order. The conclusion would be that the petitioner did not report to duty from 03.12.2007 to 10.10.2008. 8. Under the circumstances, no additional document would come to the aid of the petitioner. Hence, the following: ORDER i. The petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK Ct:vh List No.: 1 Sl No.: 70