IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.12775 OF 2017 (CS-RES) BETWEEN :
1. KARNATAKA STATE COOPERATIVE CONSUMER FEDERATION OFFICE AT NO.4 PAMPAMAHAKAVI ROAD CHAMARAJPET BENGALURU-560 018 REPRESENTED BY ITS MANAGING DIRECTOR KUM LIZZIE PHILLIPS AGED ABOUT 53 YEARS D/O K.M. PHILLIPS 2. JANATA BAZAAR MDCC BANK BUILDING MANDYA REPRESENTED BY ITS ADMINISTRATIVE OFFICER SRI. HONNE GOWDA S/O VENKATE GOWDA AGED ABOUT 56 YEARS …PETITIONERS (BY SHRI. SOMASHEKAR, ADVOCATE) AND :
1. SIDDARAMU S/O LATE SUBBAIAH MAJOR R/AT CHIKKA MANDYA VILLAGE GOPALAPURA POST MANDYA TALUK & DISTRICT 2. THE ADDL. REGISTRAR OF COOPERATIVE SOCIETY (C&M) ALI ASKAR ROAD BENGALURU-560 052 ... RESPONDENTS (BY SMT. H.C. KAVITHA, HCGP FOR R2; SHRI. R. PRAMOD, ADVOCATE FOR R1) . . . .
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.265/2012 DT.9.3.2016 AS PER ANNX-B CONSIDERING THE FACTS & CIRCUMSTANCES OF THE CASE & CONSEQUENTLY DISMISS THE APPEAL FILED BY THE R-1 HEREIN TO MEET THE ENDS OF JUSTICE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri Somashekar, learned advocate for petitioners, Shri R.Pramod, learned advocate for respondent No.1 and Smt.H.C.Kavitha, learned HCGP for respondent No.2.
2. First petitioner had appointed first respondent as Junior Sales Assistant. He was removed from service. The workman challenged the same before the Labour Court. The matter was pending for twenty years. Thereafter, he challenged the dismissal order before the Deputy Registrar of Co-operative Societies, Mandya District (‘the DRCS’ for short). The DRCS upheld the order passed by the Management. The workman challenged the order passed by the DRCS before the Karnataka Appellate Tribunal (‘the KAT’ for short). The KAT has allowed the appeal and set aside the order passed by the DRCS by ordering full back wages from 24.03.1984 till the date of superannuation of petitioner.
3. Shri Somashekar, submitted that one Shri V.Ramakrishna, the officer who was taking care of legal matters in first petitioner’s Federation passed away on 23.05.2014. Therefore, first petitioner could not be effectively represented before the KAT. In substance, he submitted that order passed by the KAT is an ex parte order. Accordingly, he prayed for a remand order.
4. First respondent is present in person. On instructions from him, Shri R.Pramod, learned advocate submitted that matter may be remitted to the KAT with a direction to dispose of the same expeditiously subject to imposing cost on the first petitioner.
5. The said submission is just and appropriate.
Hence, the following order:
(i) Petition is allowed;
(ii) The order dated 09.03.2016 in Appeal No.265/2012 passed by the KAT is set aside and the matter is remitted to the KAT for reconsideration afresh;
(iii) The parties shall appear before the KAT on 9th December 2019 and take further dates;
(iv) The KAT shall dispose of the matter within three months from 9.12.2019; and (v) The first petitioner shall pay the cost of Rs.15,000/- to first respondent.
Sd/- JUDGE Yn.