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2025 DAILYLAW 90744 (KAR)

NINGAPPA RAMAPPA HAKATI v. THE DIVISIONAL CONTROLLER

WP/36563/2025 · 2025-12-12

Jyoti M

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:52976 WP No. 36563 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 36563 OF 2025 (L-KSRTC) BETWEEN: NINGAPPA RAMAPPA HAKATI S/O RAMAPPA HAKATI AGED ABOUT 51 YEARS OCCU: DRIVER CUM CONDUCTOR R.O AT POST MUDENUR TQ: RAMDURGA DIST:BELGAVI - 591123. …PETITIONER (BY SRI. ARJUN R. KHOT, ADVOCATE) AND: THE DIVISIONAL CONTROLLER NWKRTC, BELGAVI 1ST DIVISION BELGAVI-590016. …RESPONDENT (BY SRI.HAREESH BHANDARY T., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52976 WP No. 36563 of 2025 ORAL ORDER Sri.Arjun R. Khot, counsel for the petitioner and Sri.Hareesh Bhandary T., counsel for the respondent appeared in person. 2. The writ petition is filed seeking a writ of certiorari to quash the order dated 14.10.2025 passed in serial application No.263/2023 in I.D.NO.13/2013 on the file of the Industrial Tribunal, Bengaluru. 3. Counsel for the respective parties urged several contentions. 4. Heard the arguments and perused the writ papers with care. 5. Suffice it to note that the Corporation filed an application in Serial Application for compliance of Section 33(2)(b) of the Industrial Tribunal Act before the Industrial Tribunal, Bengaluru. The petitioner was party in the said application. - 3 - HC-KAR NC: 2025:KHC:52976 WP No. 36563 of 2025 6. A perusal of the daily order sheet reflects that the serial application was listed on 14.10.2025 and it was listed for cross-examination of AW-1. An adjournment was sought by the advocate for the petitioner to cross-examine AW-1. The court declined adjournment and held that the opposite party has no cross-examination of AW-1. Under these circumstances, the petitioner is before this court. 7. It is pivotal to note that the petitioner instead of filing an application to recall the order dated 14.10.2025 before the Tribunal has directly approached this court by invoking the writ jurisdiction. Therefore, this court deems it fit to deem it proper to direct the petitioner to file an application to recall the order dated 14.10.2025. If an application is filed by the petitioner, the Tribunal shall consider the same in accordance with law. 8. Accordingly, the writ petition is disposed of. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 37