IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NO.41783/2015 (L - RES) BETWEEN:
MS. JOY SUBHASHINI D/O. MR. K. JEEVARATHNAM, RESIDING AT 106/107, AGED ABOUT 36 YEARS, 10TH MAIN, NANDANAM COLONY, HORAMAVU MAIN ROAD, BENGALURU – 560 043. …PETITIONER (BY SRI. EUGENE PRABHU BARROT & BARROT, ADVOCATE) AND:
1. M/S. MAGNA INFOTECH PVT. LTD., FLOOR NO.3, A WING S.R. INFOTECH COMPLEX, NO.5/4-2, THAVAREKERE MAIN ROAD, S.G. PALYA, D.R. COLLEGE POST, KORMANGALA, BENGALURU – 560 029. REPRESENTED BY MR. AJIT ISAAC – CHAIRMAN & MD.
2. M/S. SAP LABS INDIA PVT. LTD., #138, EPIP ZONE, WHITEFIELD, BENGALURU – 560 066. REPRESENTED BY MR. DILIP KUMAR KHANDELWAL – MD. ... RESPONDENTS (BY SMT. MEDHA RAO, ADVOCATE FOR SRI. C.K. NANDA KUMAR, ADVOCATE FOR R-1; SRI. PRASANTH V.G., ADVCOATE FOR SRI. A. MURALI, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE IMPUGNED ORDER ON I.A.NO.2 DATED 25/08/2015 IN APPLICATION NO.6/2015 BEFORE THE HON’BLE PRESIDING OFFICER 2ND ADDITIONAL LABOUR COURT AT BENGALURU VIDE ANNEXURE-D AND ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In the instant petition, the petitioner has assailed the order of the Labour Court dated 25.08.2015, passed in application No.6/2015 (Annexure-D).
2. In application No.6/2015, the petitioner impleaded respondent No.1-M/s. MAGNA Infotech Pvt. Ltd. and respondent No.2-M/s. SAP Labs India Pvt. Ltd. (Annexure-A). Respondent No.2 filed an application for deletion of his name being a party to application No.6/2015. The Labour Court proceeded to accept such application for deletion of second party- M/s. SAP Labs India Pvt. Ltd. Even though the relationship was between the petitioner and respondent No.1 - M/s. MAGNA Infotech Pvt. Ltd., at the same time, when the petitioner was provided order of appointment on 24.07.2013, he was directed to report with respondent No.2-M/s.SAP Labs India Pvt. Ltd. In order to settle the score in application No.6/2015, even though respondent No.2 is a formal party, for adducing necessary evidence relating to whether the petitioner had repatriated from respondent No.2-M/s. SAP Labs India Pvt. Ltd., and other events till his service has been repatriated or terminated, are required to be examined. Therefore, respondent No.2 - M/s. SAP Labs India Pvt. Ltd. is a necessary and proper party in application No.6/2015. Labour Court has failed to appreciate reposting order issued by respondent No.1 dated 24.07.2013.
3. In view of these facts and circumstances, the order passed in application No.6/2015 dated 25.08.2015 (Annexure-D) is set aside.
4. Accordingly, writ petition stands allowed.
Labour Court is hereby directed to expedite the petitioner’s application No.6/2015 within a reasonable period of four months from the date of receipt of this order.
Sd/- JUDGE HA/-