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2026 DAILYLAW 33074 (KAR)

SRI. SYED AFSAR v. CHAIRMAN CUM MANAGING DIRECTOR

WA/1114/2026 · 2026-08-10

D K Singh, H Shanthi Bhushan

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010246292026 NC: 2026:KHC:42228-DB WA No. 1114 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 1114 OF 2026 (L-RES) BETWEEN: SRI. SYED AFSAR AGED ABOUT 65 YEARS, Ex. EMPLOYEE OF BEML LTD., R/AT NO. B-14-114, 2ND FLOOR, ABBAS TOWERS, BAMBOO BAZAAR, SHIVAJINAGAR, BANGALORE 560 051. …APPELLANT (BY SRI. SHASHIDHAR BELAGUMBA.,ADVOCATE) AND: CHAIRMAN CUM MANAGING DIRECTOR(CMD) BHARAT EARTH MOVERS LTD., NO. 23/1, 4TH MAIN ROAD, SR NAGAR, BANGALORE 560 027. …RESPONDENT (BY SRI. NATARAJA BALLAL A.,ADVOCATE) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO THE WRIT APPEAL BE ALLOWED SEEKING SETTING ASIDE THE DISPOSAL ORDER OF THE WP NO.26313/2023 BY THE HONORABLE SINGLE LEARNED JUDGE DATE OF DISPOSAL DATED 10/02/2026. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN Digitally signed by MALA K N Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010246292026 NC: 2026:KHC:42228-DB WA No. 1114 of 2026 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court Appeal has been filed aggrieved by the judgment and order dated 10.02.2026 passed by the Writ Court in its Writ Petition No. 26313/2023, whereby the Writ Court had disposed of the petition with the following directions: “The writ petition is disposed of relegating the petitioner to approach the Central Government Industrial Tribunal-cum-Labour Court, who shall dispose of the matter and the petitioner is at liberty to file an application as directed by the Central Labour Commissioner vide order dated 30.08.2023. The Central Government Industrial Tribunal- cum-Labour Court shall entertain the application without reference to the issue of limitation, proceed to pass orders on merits. Such order shall be passed within an outer limit of 90 days from the date of receipt of a certified copy of this order, affording opportunities to the parties, in the light of the lifespan which this litigation has spent since 2002.” 2. As the appellant/petitioner has approached the wrong Forum inasmuch as he was the employee of Bharat Earth Movers Ltd., Central Government Ltd., the Labour - 3 - HC-KAR CNR: KAHC010246292026 NC: 2026:KHC:42228-DB WA No. 1114 of 2026 Court could not have the jurisdiction to entertain a labour dispute, but it would be the Central Government Industrial Tribunal. We, therefore, find no error in the judgment and order passed by the learned Writ Court in petition filed by the appellant. We, therefore, dismiss this appeal reserving the liberty as granted by the Writ Court. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE BVK List No.: 1 Sl No.: 19