IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE H.T.NARENDRA PRASAD WRIT APPEAL NO.3513 OF 2018 (L-TER) BETWEEN:
SMT.C.SUJATHA AGED ABOUT 43 YEARS D/O SRI.CHANDRAPPA R/A. NO.35, 2ND MAIN ROAD NEAR KRISHNA CHOULTRY MEENAKSHI NAGAR BENGALURU-560 079.
(BY SHRI. NAIK V.S., ADVOCATE) AND:
THE MANAGEMENT OF KARNATAKA STATE SEEDS CORPORATION LTD., BEEJA BHAVAN, BELLARY ROAD HEBBAL, BENGALURU-560 024.
REPRESENTED BY ITS MANAGING DIRECTOR.
... APPELLANT ... RESPONDENT THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED:14.09.2018 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.33097/2018 [L-TER] AND ALLOW THE WRIT PETITION NO.33097/2018 [L-TER] FILED BY THE APPELLANT AND GRANT SUCH OTHER RELIEF OR RELIEFS WHICH THIS HON’BLE Court MAY BE PLEASED TO GRANT IN THE CIRCUMSTANCE OF THE CASE.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel appearing for the appellant. The learned counsel appearing for the respondent takes notice. By consent, taken up for final hearing.
2. By the impugned order, the writ petition filed by the appellant challenging the award dated 5th April 2019 passed by the Labour Court has been dismissed. However, it is brought to our notice that against the same award, even the respondent has preferred W.P.No.29288/2018, which is pending and which is tagged along with this appeal. In fact both the writ petitions ought to have been heard together as the challenge is to the same judgment and award.
3. Only on this ground, we set aside the impugned judgment and order and restore W.P.No.33097/2018 to the file of the learned Single Judge.
4. We direct that the restored writ petitions i.e., W.P.No.33097/2018 along with W.P.No.29288/2018 shall be decided by the learned Single Judge in accordance with law.
5. Accordingly, the writ appeal is disposed of in above terms. The pending interlocutory application does not survive and accordingly the same is disposed of.
Sd/- CHIEF JUSTICE Sd/- JUDGE DM