IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR W. P. No.11066/2017 (L-RES) BETWEEN J. SANNEERAPPA, AGED ABOUT 67 YEARS, S/O LATE ERANAGAPPA, NO.43, LAKSHMINIVAS, SUBBANNA LAYOUT, HOODI, WHITEFIELD ROAD, BENGALURU – 560 048. ….. PETITIONER (BY SRI. V.N. KUMAR - ADV) AND THE MANAGEMENT, M/S YUKEN INDIA LTD., WHITEFIELD ROAD, WHITEFIELD, BENGALURU – 560 066. RESPONDENT (BY SRI. SOMASHEKAR-ADV) * * * THIS WRIT PETITION IS FILED PRAYING TO DIRECT THE INDUSTRIAL TRIBUNAL TO DISPOSE OF THE I.D. NO.179/2014 WITHIN TIME BOUND PERIOD.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING–B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and the learned counsel for the respondent.
2. The petitioner is before this court being aggrieved by the delay occasioned in the disposal of I.D. No.179/2014 and prays that a mandamus be issued to the Tribunal to expedite the hearing of the Industrial Dispute in a time bound manner in the interest of justice and equity.
3. Learned counsel for the respondent submits that they have no objection to the relief sought for. Today, a memo is filed by the respondent stating that the writ petition may be allowed and further, the petitioner may be directed to furnish the copy of the records in order to enable them to file a counter statement before the authority.
4. The petitioner is aged about 67 years and is seeking for payment of back wages, in view of the over turning of the order of dismissal by this court. As the dispute involves a short question, this court is of the considered opinion that to meets the ends of justice and equity the petition be allowed by directing the Industrial Tribunal, Bengaluru to hear and dispose off the case I.D. No.179/2014 as expeditiously as possible.
5. Additionally, taking into account the factor of age of the petitioner who is a senior citizen, this court is of the opinion that the petitioner is entitled for expeditious hearing therein as a matter of right. Hence, the writ petition is disposed off by directing the Industrial Tribunal, Bengaluru to hear and dispose off the case I.D. No.179/2014 at any rate within an outer limit of six months from the date of receipt of the order.
6. The petitioner is directed to furnish such copies and the records as required by the respondent counsel to enable them to submit their counter statement.
The writ petition stands disposed off in the above terms.
Sd/- JUDGE Chs