IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NOs.10249-10250 OF 2019(L-RES) BETWEEN 1. SRI. KESAVULU REDDY NAKKALA AGED ABOUT 37 YEARS, S/O SRI PARTHASARATHI REDDY 2. SMT KHUSHI REDDY NAKKALA AGED ABOUT 33 YEARS, W/O KESAVULU REDDY NAKKALA BOTH WORKING AT SITE NO.9, SY NO.79/3, OUTER RING ROAD, BELLANDUR BANGALORE -560103 (BY SRI STANLY SAM, ADVOCATE) AND 1. MR. KAMRAN ASHRAF AGED ABOUT 31 YEARS PLOT NO.307, PEACE PARADISE APARTMENT NAGAWARA MAIN ROAD, NEAR RAILWAY GATE BANGALORE-560 045 2. MR VINAY KUMAR AGED ABOUT 34 YEARS ... PETITIONERS M M PLOT NO.202 2ND FLOOR, CKS ENCLAVE HOSAPALYA, MUNESHWARA NAGAR BANGALORE-560 068 ... RESPONDENTS (BY SRI KAMRAN ASHRAF AND VINAY KUMAR.M.M, ARE PARTY IN PERSON) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE AWARD, VIDE ANNEXURE-A, DATED 22.12.2018 PASSED IN REFERENCE NO.04/2018 ON THE FILE OF II ADDL. LABOUR COURT, AT BANGALORE AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
These petitions are filed seeking to assail the impugned judgment and award passed by the Second Additional Labour Court, Bengaluru in Reference No.4/2018.
2. Learned counsel for the petitioners submits that the only ground on which the petitions are filed is that the petitioners were not properly represented before the Labour Court. The learned counsel admits that the learned counsel was engaged by the petitioners, however the petitioners went unrepresented and the impugned judgment and award is passed while the petitioners have not lead any evidence or represented their case.
3. The respondents/parties-in-person are present before this Court. At the instance of this Court, the respondents would agree for the matter to be remanded subject to payment of costs and fixation of time frame within which the dispute should be resolved before the Labour Court.
4. In that view of the matter, the impugned order is set aside while directing the petitioners to pay costs of Rs.10,000/- each to both the respondents on the date when the matter is taken up before the Second Additional Labour Court. The matter stands remanded back to the Second Additional Labour Court, Bengaluru in Ref. No.04/2018 with a direction to dispose of the dispute as expeditiously as possible and at any rate within a period of four months from the date when the parties are directed to appear before the Labour Court.
The parties are directed to appear before the Second Additional Labour Court, Bengaluru on 15.04.2019 at 11.00 A.M., without waiting for further notice from the Second Additional Labour Court.
KLY/ SD/- JUDGE