IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NO.1016 OF 2019 (L-RES) BETWEEN:
THE PRINCIPAL GOVERNMENT I.T.I., MUDIGUNDAM POST, KOLLEGAL-571 440.
(BY SRI. I. THRANATH POOJARI, AGA) AND:
1. R. HEMA KUMAR, S/O. LATE RAJU, KANIYAR STREET, MUDIGUNDAM POST, KOLLEGAL TALUK-571 440. CHAMARAJANAGAR DISTRICT.
2. M. MAHESH, S/O. MAHADEVEGOWDA, D.NO.1396, KURUBA STREET MUDIGUNDAM POST, KOLLEGAL TALUK-571 440.
CHAMARAJANAGAR DISTRICT. (BY SRI. V.S. NAIK, ADVOCATE) ... APPELLANT ... RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO (i) ALLOW THE WRIT APPEAL. (ii) SET ASIDE THE ORDER DATED 22ND FEBRUARY 2016 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.19566/2014 (L-RES).
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT We have heard the learned AGA appearing for the appellant and the learned counsel appearing for the respondents.
There is a delay of 1108 days in preferring the appeal against the order dated 22nd February 2016 passed by the learned Single Judge of this Court. For challenging the said order, the appellant has filed this appeal belatedly on 5th April 2019. Before the learned Single Judge, an award made by the Labour Court on the applications made under Section 10(4-A) of the Industrial Dispute Act, 1947, was challenged. The finding of the Labour Court was that the respondents were employed in Government ITI in group ‘D’ posts and that have worked till 13th June 2003 for a period of more than 240 days in a year and without giving any reasons or without issuing a written order, the termination of their employment was effected. The finding of the Labour Court is that both the respondents have continuously worked for 240 days in a year and compliance with Section 25-F of the Industrial Dispute Act was admittedly not made.
2. The learned Single Judge confirmed the impugned award of the Labour Court and held that the issue whether the Government ITI was an Industry, was already concluded in the earlier writ petition filed by the respondents against the appellant. The learned Single Judge also referred to the finding of fact recorded by the Labour Court and held that the finding of the Labour Court that the respondents have continuously worked from the year 2000 till their services were terminated in the year 2003 will have to be accepted. Though the impugned order passed by the learned Single Judge on 22nd February 2016, this appeal was filed on 5th April 2019.
3. By Government Order dated 16th January 2019, a decision was taken to prefer writ appeal against the impugned order dated 22nd February 2016. The appeal was preferred three months thereafter. In the objections filed to the application for condonation of delay, a reliance is placed on the order dated 27th March 2018 by which the Addl. Labour Commissioner granted permission to the respondents to prosecute the Management. On the basis of the said order dated 27th March 2018, a complaint was filed in the Court of the learned JMFC First Class and only after summons was issued therein that the present appeal was filed. There is absolutely no explanation for long delay of three years.
4. We have examined the impugned order passed by the learned Single Judge. After having perused the order passed by the learned Single Judge and the averments made in the affidavit in support of I.A. for delay, we find no good ground to condone the long delay of 1108 days in preferring the appeal.
5. The learned Single Judge has concurred with findings recorded by the Labour Court. Hence, no case is made out for condonation of delay. Accordingly, the application is dismissed. Consequently, the appeal is also dismissed.
Sd/- CHIEF JUSTICE Sd/- JUDGE Snc