IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF FEBRUARY, 2019 BEFORE THE HON' BLE MR.JUSTICE R. DEVDAS WRIT PETITION NO.6364/2019 (L-TER) BETWEEN 1. SMT. VIMALA S W/O LATE ALBERT AROKIARAJ, AGED ABOUT 54 YEARS, 2. MR. LAWRENCE S/O LATE ALBERT AROKIARAJ, AGED ABOUT 35 YEARS, 3. MR. CHARLES S/O LATE ALBERT AROKIARAJ, AGED ABOUT 33 YEARS, 4. MR. EDWIN S/O LATE ALBERT AROKIARAJ, AGED ABOUT 25 YEARS, ALL ARE R/AT "G" BLOCK, NO.40, ST. JOHN‘S MEDICAL COLLEGE, HOSPITAL STAFF QUARTERS, JOHN NAGAR, BENGALURU-560034 (THE PETITIONERS ARE THE LEGAL REPRESENTATIVES OF THE DECEASED WORKMAN ALBERT AROKIARAJ).
... PETITIONERS (BY SRI. Y. HARIPRASAD, ADVOCATE) AND THE INDUSTRIAL MANAGEMENT REPRESENTED BY ITS DIRECTOR, ST. JOHNS MEDICAL COLLEGE HOSPITAL, SARJAPUR ROAD, BENGALURU-560034.
... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 24.01.2019, PASSED IN I.D.NO.45/2013 PASSED BY THE PRESIDING OFFICER, III ADDL. LABOUR COURT AT BENGALURU VIDE ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R. DEVDAS J., (ORAL):
The petitioners are before this Court being aggrieved of the rejections of their application seeking certified copies of some of the documents, which are in custody of the respondent-Hospital, where Late. Sri. Albert Arokiaraj was working. The said Sri. Albert Arokiaraj was dismissed from service and during the course of the proceedings before the Labour Court, he passed away. Thereafter, the legal representatives have come on record and are pursuing the matter before the Labour Court. An application was made by the petitioners seeking certain documents, which are in custody of the respondent-Hospital. The application has been rejected on the ground that similar application was earlier dismissed and the Labour Court has observed that the petitioners may obtain the required documents by filing application under Right to Information Act or by filing application for certified copies.
2. Learned counsel for the petitioners submits that an application has been made by the petitioners to the respondent-Hospital, but the respondent has not issued the certified copies.
3. In that view of the matter, the writ petition is disposed of while directing the respondent-Hospital to furnish certified copies sought for by the petitioners and enable the petitioners to go on with the matter before the Labour Court. If the petitioners are still unable to get the certified copies, the Labour Court may direct the respondent- Hospital to furnish the certified copies, since it is stated by the petitioners that they have made application before the respondent-Hospital.
SD/- JUDGE DL