IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI WRIT PETITION NO.40208 OF 2018 (L-KSRTC) Between:
Sri.Goddada Eraiah, Aged about 52 years, S/o late Puttamadaiah, Driver, Token No.1040, (By Sri. Mukkannappa.S.B, Advocate) And:
The Divisional Controller, K.S.R.T.C, Mandya Division, Mandya-571 401.
(By Sri.Hareesh Bhandary T, Advocate) …Petitioner ...Respondent This Writ Petition is filed under Article 226 of Constitution of India praying to quash the impugned order dated 16.08.2016 passed by the Industrial Tribunal, Mysore, in Misc.Application No.3/2014 at Annexure-C and consequently allow the Misc.Application filed by the petitioner by setting the exparte award dated 04.04.2014 passed by the Industrial Tribunal, Mysore in REF.No.76/2013 at Annexure-B and consequently, restore the reference, under the facts and circumstances of the case.
This Writ Petition coming on for Preliminary hearing in ‘B’ Group this day, the Court made the following:-
ORDER In the instant petition, petitioner has sought for the following reliefs.
“a) Issue a writ in the nature of certiorari quashing the impugned order dated 16.08.2016 passed by the Industrial Tribunal, Mysore in Misc.Applicatin No.3/2014 at Annexure-C and consequently, allow the Misc.Application filed by the petitioner by setting aside the exparte award dated 04.04.2014 passed by the Industrial Tribunal, Mysore, in Ref.No.76/2013 at Annexure- B and consequently restore the reference, under the facts and circumstances of the case; and b) Issue any other appropriate writ, order or orders or direction as this Hon’ble Court may deems fit to grant by considering the facts and circumstances of the case, in the interests of justice and equity.”
2. The Industrial Tribunal, Mysore in Ref.No.76/2013 proceeded pass an award rejecting the reference on the ground of non-prosecution by placing the petitioner ex-parte on 01.04.2014. Further, petitioner filed Misc.Application No.03/2014 and the same is dismissed on 16.08.2016.
3. For non-prosecution of Ref.No.76/2013 on behalf of petitioner by his counsel shall not result in any undue hardship to the petitioner. Therefore, award passed by the Industrial Tribunal in Ref.No.76/2013 dated 01.04.2014 at Annexure-B and order in Misc.Application No.3/2014 dated 16.08.2016 are quashed. Ref.No.76/2013 is remanded to the Industrial Tribunal, Mysore for a fresh consideration.
4. Parties are hereby directed appear on 19.08.2019 and co-operate in deciding Ref.No.76/2013.
Accordingly, writ petition stands allowed subject to the payment of costs of Rs.5,000/- to the respondent- Corporation. Costs shall be paid within three weeks from today. Respondent is permitted to file counter claim in Ref.No.76/2013 and lead evidence.
Sd/- JUDGE SB