IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NO.28960 OF 2015 AND WRIT PETITION NOs.30841-30844 OF 2015 (L-KSRTC) BETWEEN:
1. THE KARNATAKA STATE ROAD TRANSPORT CORPORATION SC/ST EMPLOYEES’ UNION (REGD.) CENTRAL COMMITTEE, BENGALURU, HAVING ITS OFFICE AT NO.110, MITHUNA NILAYA, NEAR DR.RAJKUMAR CIRCLE, S.G.PALYA, C.V.RAMAN NAGAR, BENGALURU-560 093.
REPT. BY ITS WORKING PRESIDENT AND ITS SECRETARY.
2. SRI D. PRASAD S/O SANGAPPA, AGED ABOUT 52 YEARS, WORKING AS PRESIDENT, THE KARNATAKA STATE ROAD TRANSPORT CORPORATION SC/ST EMPLOYEES UNION (REGD.), R/AT DAMABALA, MUNDARAGI TALUK, GADAG DISTRICT.
3. SRI B.C. MAHESH S/O LATE CHIKKONAPPA, AGED ABOUT 51 YEARS, GENERAL SECRETARY, THE KARNATAKA STATE ROAD TRANSPORT CORPORATION SC/ST EMPLOYEES UNION (REGD.), OFFICE NO.110, MITHUNA NILAYA, NEAR DR. RAJKUMAR CIRCLE, S.G.PALYA, C.V.RAMAN NAGAR, BENGALURU-560 093.
4. SRI M. MARAPPA S/O MUNIYAPPA, AGED ABOUT 64 YEARS, PRESIDENT, THE KARNATAKA STATE ROAD TRANSPORT CORPORATION SC/ST EMPLOYEES UNION (REGD.), R/AT NO.19/B, NEW MANJUNATHA LAYOUT, NEAR LALITHA POULTRY FARM, RAMAMURTHINAGAR, BENGALURU-560 016.
5. SRI MARUTHI R. SHETTI, S/O RAMACHANDRA SHETTI, AGED ABOUT 47 YEARS, VICE-PRESIDENT, THE KARNATAKA STATE ROAD TRANSPORT CORPORATION SC/ST EMPLOYEES UNION (REGD.), R/AT NO.KHB COLONY, HALIYAL-581 363, KARWAR DISTRICT. …PETITIONERS (BY SRI B.S.MURALI, ADVOCATE) AND:
1. THE COMMISSIONER FOR LABOUR GOVERNMENT OF KARNATAKA, KARMIKA BHAVANA, NEAR DIARY CIRCLE, BANNERGHATTA ROAD, BENGALURU-560 029.
2. THE ASST. LABOUR COMMISSIONER BANGALORE DIVISION-02, KARMIKA BHAVANA, NEAR DIARY CIRCLE, BANNERGHATTA ROAD, BENGALURU-560 029. …RESPONDENTS (BY SRI A.C. BALARAJ, HCGP) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DT.18.12.2013 PASSED BY THE R-2 VIDE ANNX-G AND THE ORDER DT.25.02.2014 PASSED BY THE R-1 VIDE ANNX-J AND ETC.
THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In these instant petitions, the petitioners have sought for the following reliefs:
“a) Issue a Writ of Certiorari by quashing the impugned order dated 18-12-2013 passed by the 2nd respondent bearing No.ALC/RTU/B-II/40/78 vide Annexure-G and the order dated 25.02.2014 passed by the 1st respondent bearing No.P&S- 3/TUA/CR-30/2013-14 vide Annexure-J;
b) Consequently, issue a Writ of Mandamus, directing the 2nd respondent to hold fresh enquiry in the matter by affording an equal and fair opportunity to all the concerned parties/groups including the petitioners and thereafter pass orders in accordance with law;
c) Pass such other writ, order or direction as deemed fit and proper in the circumstances of the case and allow this writ petition with exemplary cost, in the interest of justice and equity.”
2. The petitioners-Union submitted an application before the Commissioner seeking certain amendment in the Bye-Laws on 20.09.2013. On the same day, one more requisition was made to the Assistant Labour Commissioner, while giving the changed address of the petitioners-Union, whereas the Assistant Labour Commissioner issued a notice asking the petitioners-Union to furnish certain documents to the address given in the first application / representation. The notice issued by the Assistant Labour Commissioner has not reached the petitioners- Union at a proper address. Consequently, the impugned orders have been passed. Thus, it is evident that the petitioners have not been heard before passing of the impugned orders. Accordingly, Annexure-G dated 18.12.2013 and Annexure-J dated 25.02.2014 are set aside.
3. Respondent No.2 - Assistant Labour Commissioner is hereby directed to issue a fresh notice asking the petitioners-Union to furnish the relevant documents within a period of four weeks from the date of receipt of this order. Thereafter, the petitioners- Union are permitted to file their objections / explanation to the notice issued by the Assistant Labour Commissioner within a period of six weeks from the date of receipt of the notice. In this background, respondent No.2 - Assistant Labour Commissioner is hereby directed to take a final decision within a period of three months from the date of petitioners’ explanation.
With the above observations, petitions stand allowed.
Sd/- JUDGE HA/-