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2023 Supreme(Kar) 1296

PRASANNA B. VARALE, ASHOK S. KINAGI
Toyota Kirloskar Motor Employees Union (R) – Appellant
Versus
State of Karnataka – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Avani Chokshi, Maitreyi Krishnan
For the Respondents: S. Rajashekar, T.S. Anantharam, S.N. Murthy, Somashekar

JUDGMENT :

Ashok S. Kinagi, J.

1. This intra-court appeal is filed under Section 4 of the Karnataka High Courts Act challenging the order dated 16.12.2022, passed in W.P. No. 5127/2022 by the learned Single Judge.

2. Brief facts leading rise to filing of this appeal are as under:

    The appellant - Union was registered under the Trade Unions Act, 1926 (for short 'the Act'). The appellant - Union held the General Body Meeting of its members and took the unanimous decision to amend the Rules of the Union to increase the subscription amount from Rs.25/- to Rs.100/- per month and to permit the employees against whom the applications for permission or approval of dismissal filed by the management were still pending to continue as a members of the Union. On 24.03.2020, the Government of India declared nation-wide lockdown. On 02.11.2022, after lifting of lockdown and the government restrictions of physical meetings in the Government Offices, the appellant approached respondent No. 2 with physical copies of the amendment application sought to be filed by them. However, they have informed that the office is only accepting the amendment applications on the online website of respondent No. 1. The

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