IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY, 2019 BEFORE THE HON’JBLE MR.JUSTICE P. B. BAJANTHRI WRIT PETITION NO.26798 OF 2019 (L-RES) BETWEEN:
THE MANAGEMENT OF R.V. EDUCATIONAL INSTITUTIONS RASHTREEYA SIKSHANA SAMITHI TRUST, R.V. TEACHERS’ COLLEGE BUILDING, 2ND BLOCK, JAYANAGAR, BENGALURU-560 001.
REPRESENTED BY ITS:
HONORARY SECRETARY MR. A.V.S.MURTHY …PETITIONER (BY SRI. ANAND.K.R., ADVOCATE) AND:
MR. S.J.KUMAR NO.34, 5TH CROSS, PUTTENAHALLI, J.P.NAGAR, 7TH PHASE, BENGALURU-560 078. ... RESPONDENT (BY SRI. D. LEELAKRISHNAN AND G.SANJAY, ADVOCATES) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM THE HON’BLE THIRD ADDITIONAL LABOUR COURT, BENGALURU IN SERIAL APPLICATION NO.1/2017 AND ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has sought for setting aside the order dated 30.08.2018 (Annexure-M) passed in Serial Application No.1/2017 and further sought for a direction to hold the domestic enquiry after giving due opportunity. In this regard, joint memo has been filed by the parties which reads as under.
“1. The Petitioner has challenged Orders dated 30.08.2018 and 06.05.2019 passed by the 3rd Additional Labour Court, Bengaluru in Serial Application No.1/2017.
2. The Petitioner reserving right to challenge the Order dated 30.08.2018 on preliminary issue i.e. fairness of enquiry at a later date, it found necessary, humbly submits as follows.
3. The parties above named respectfully submit that while Sri S.J.Kumar was working as an Attender with the Petitioner Management at D.A. Pandu Memorial R.V.Dental College, Bengaluru, was dismissed from service after an enquiry from 26.04.2017 as a measure of punishment.
4. As required under Section 33(2)(b) of The Industrial Disputes Act, 1947, the Petitioner filed Serial Application No.1/2017 in the main Industrial Dispute Reference No.51/2015 on the file of the 3rd Additional Labour Court, Bengaluru, seeking approval of the action taken against the Respondent.
5. In the Serial Application No.1/2017, the Petitioner Management relied on the enquiry conducted by it pursuant to which the Respondent was dismissed. However, the Petitioner also reserved in the said Application its right to lead Additional Evidence before the Labour Court in the event of the Labour Court coming to the conclusion that the enquiry already conducted against the Respondent is set aside as neither fair nor proper, the Petitioner Management should be given an opportunity to lead Additional Evidence to prove charges contained in the Charge Sheet dated 16.02.2016 issued to the Respondent, as per settled position of law on the subject. This opportunity was not given to the Petitioner by the Labour Court and Approval Application was dismissed by its Order dated 30.08.2018.
6. Now both the parties agree that while retaining portion of the Order dated 30.08.2018 (Annexure-M) declaring the enquiry conducted as neither fair nor proper, the Hon’ble Labour Court may be directed to give an opportunity to the Petitioner Management to prove the charges by leading Additional Evidence before it, within a period of three months from the date of receipt of the Order from this Hon’bl Court. It is prayed that the above Writ Petition may be disposed of accordingly.”
2. In view of joint memo, writ petition stands disposed of. III Additional Labour Court is hereby directed to conduct enquiry after giving fair and proper opportunity to the parties, such exercise has to be complied within a period of three months from the date of receipt of this order.
Accordingly, order dated 30.08.2018 (Annexure-M) passed in Serial Application No.1/2017 is set aside. Parties are hereby directed to appear before the III Additional Labour Court on 09.08.2019.
Sd/- JUDGE HA/-