IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.3506 OF 2019 (S-TR) BETWEEN M SRINIVAS S/O OF LATE M H RAYAPPA AGED ABOUT 47 YEARS, TURNER , WITH TICKET NO.10572/225, JR.OPERTOR ‘B’ , HMT MACHINE TOOLS LTD BANGALORE COMPLEX, BANGALORE-560013 (BY SRI M R VIJAYA KUMAR,ADVOCATE) AND 1. UNION OF INDIA MINISTRY OF HEAVY INDUSTRIES & PUBLIC ENTERPRISES DEPARTMENT OF HEAVY INDUSTRY, UDYOG BHAVAN NEW DELHI-110011 BY ITS SECRETARY, 2. CHAIRMAN AND MANAGING DIRECTOR HMT MACHINE TOOLS LTD NO.59, HMT BHAVAN, BELLARY RAOD, BANGALORE-560032 ... PETITIONER 3. GENERAL TECHNICAL MANAGER (GTM) HMT MACHINE TOOLS LTD BANGALORE COMPLEX, JALAHALLI BANGALORE-560013 4. DEPUTY GENERAL MANAGER (CP & HR) HMT MACHINE TOOLS LTD NO.59, HMT BHAVAN, BELLARY ROAD BANGALORE-560032 ... RESPONDENTS (BY SRI N S NARAYAN, ADVOCATE FOR R2 to R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICE ORDER NO.13/18 DATED 11/01/2019 ISSUED BY THE RESPONDENT NO.4 AT ANNEXURE-A.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
Learned counsel for the respondent Company submits that an industrial dispute has been raised before the Industrial Tribunal on behalf of the petitioner questioning the order of transfer issued by the respondent Company at Annexure-E, herein. Therefore, the petitioner is at liberty to proceed and secure orders at the hands of the Industrial Tribunal. The petition is therefore dismissed. However, the respondent Company shall not precipitate the matter as directed on 30.01.2019, till the interlocutory application filed by the petitioner is considered by the Tribunal. The Industrial Tribunal is also directed to consider and dispose of the interlocutory application filed by the petitioner as expeditiously as possible.
2. In view of the dismissal of the main matter, I.A.No.-1/2019 does not survive for consideration.
KLY/ SD/- JUDGE RDJ: W.P.No.3506/2019 13.03.2019 ORDERS ON BEING SPOKEN TO Learned counsel for respondents No.2 to 4 has filed a memo seeking correction in the order dated 25.02.2019, passed by this Court, whereby the petition was dismissed observing that the respondent – Company shall not precipitate the matter till Interlocutory Application filed by the petitioner is considered by the Tribunal. Direction was also issued to the Industrial Tribunal to dispose of the Interlocutory Application. However, it is submitted that the dispute is pending before the Assistant Labour Commissioner, Central and not before the Industrial Tribunal. To that extent correction is sought.
Accordingly, in the order dated 25.02.2019, wherever the word “Industrial Tribunal” or “Tribunal” is found, the same shall be read as “Assistant Labour Commissioner, Central”.
The name of Sri. C. Shashikanta, learned Counsel also be shown in the cause title as appearing for the 1st respondent-Union of India.
SD/-
JUDGE DL