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2025 DAILYLAW 87221 (KAR)

THE MANAGING DIRECTOR, v. SMT. RANGAMMA

RP/97/2023 · 2025-12-12

C M Poonacha

Review Petitionbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52883 RP No. 97 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA REVIEW PETITION NO. 97 OF 2023 BETWEEN: THE MANAGING DIRECTOR, SMT. VINODPRIYA (NOW KARNATAKA STATE MINERALS CORPORATION LTD) MYSORE MINERALS LIMITED NO. 39, M.G ROAD, BANGALORE 1 NOW AT TTMC A BLOCK, 5th FLOOR, B M T C BUILDING, K H ROAD,SHANTHINAGAR BANGALORE 27 …PETITIONER (BY SRI. VISWANATH SABARAD, ADVOCATE) AND: 1. SMT. RANGAMMA AGED MAJOR, W/O LATE SRI. PUTTASWAMMY GOWDA 2. SMT. D P BHARATHI D/O LATE PUTTASWAMY GOWDA MAJOR 3. SRI. D P BAIRE GOWDA S/O LATE PUTTASWAMY GOWDA MAJOR Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52883 RP No. 97 of 2023 ALL ARE R/O DARASIHALLI VILLAGE, M SHIVARA POST, BAGUR HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT 573 116 …RESPONDENTS (BY SRI. GOVINDE GOWDA K T, ADVOCATE FOR R1 TO R3) THIS REVIEW PETITION IS FILED UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC, PRAYING TO REVIEW JUDGMENT AND ORDER DATED 15/11/2022 PASSED IN W.P.NO. 35292/2017 AND ETC. THIS PETITION, COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER 1. The present review petition is filed under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure, 1908, seeking to review the order dated 15.11.2022 passed in Writ Petition No.35292/2017 (L-RES). 2. Heard the submissions of the learned counsel Sri Viswanath Sabarad for the petitioner and Sri Govinde Gowda K.T., learned counsel for the respondents. 3. The primary contention put forth by the review petitioner is that the date of birth of the deceased workman forthcoming - 3 - HC-KAR NC: 2025:KHC:52883 RP No. 97 of 2023 from the records of the petitioner company is 13.1.1945, which was furnished at the time of his joining the services. Hence, it is contended that the direction to pay 50% of the backwages and consequential benefits at para 2 (ii) of the operative portion of the order under review is to be up to 31.1.2003 instead of 13.3.2004. 4. Learned counsel for the respondents does not dispute that the date of birth of the deceased workman was furnished as 13.1.1945 at the time of joining the services. 5. In view of the aforementioned, in para (ii) of the operative portion of the order dated 15.11.2022 passed in Writ Petition No.35292/2017 (L-RES), the period for which 50% of the backwages and consequential benefits are to be paid shall be construed as "from 29.5.1998 to 31.3.2003". To the said extent the order shall stand modified. 6. The above petition is disposed of accordingly. SD/- (C.M. POONACHA) JUDGE ND/List No.: 1 Sl No.: 2