Back
WP No. 25855 of 2015
C/W WRIT PETITION NO.25849 OF 2015 (L-REF) WRIT PETITION NO.25855 OF 2015 (L-TER) WRIT PETITION NO.55354 OF 2015 (L-RES) WRIT PETITION NO.51985 OF 2016 (L-TER)
WRIT PETITION NO.9741 OF 2021 (L-RES)
WRIT PETITION NO.11595 OF 2021 (L-RES) WRIT PETITION NO.12599 OF 2021 (L-RES) WRIT PETITION NO.12509 OF 2023 (L-RES) WRIT PETITION NO.12555 OF 2023 (L-RES) WRIT PETITION NO.12559 OF 2023 (L-RES) WRIT PETITION NO.13893 OF 2023 (L-RES) WRIT PETITION NO.15756 OF 2023 (L-RES)
IN WP.No.30064/2018:
BETWEEN:
1
AND:
SRI K.R.RAJENDRA, AGA FOR R-2)
IN WP.NO.25849/2015:
BETWEEN:
THE DEAN AND DIRECTOR MYSORE MEDICAL COLLEGE AND RESEARCH INSTITUTE MYSORE DR.B.KRISHNAMURTHY S/O.LATE BALASUNDARAM AGED ABOUT 57 YEARS WP No. 25855 of 2015
AND:
2
3
44. THE PRINCIPAL SECRETARY HIGHER EDUCATION KARNATAKA GOVERNMENT BENGALURU-560 001
55. THE WARDEN GOVERNMENT MEDICAL STUDENTS HOSTEL MYSORE-570 024
66. THE LABOUR COMMISSIONER MYSORE DISTRICT MYSORE-570 024 …RESPONDENTS WP No. 25855 of 2015
SRI K.R.RAJENDRA, AGA FOR R-2 TO R-6)
IN WP.NO.25855/2015:
BETWEEN:
AND:
3. THE STATE OF KARNATAKA DEPARTMENT OF MEDICAL EDUCATION WP No. 25855 of 2015
5. THE WARDEN GOVERNMENT MEDICAL STUDENTS HOSTEL MYSORE MEDICAL COLLEGE MYSORE-570 001
SRI K.R.RAJENDRA, AGA FOR R-2 TO R-6)
IN WP NO. 55354/2015:
BETWEEN:
AND:
MYSORE MEDICAL COLLEGE &
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE AWARD DATED 19.04.2014 PASSED IN REFERENCE NO.36/2013 BY THE PRESIDING OFFICER, LABOUR COURT, MYSORE VIDE ANNEXURE-A.
IN WP NO.51985/2016:
BETWEEN:
AND:
1. THE PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION GOVERNMENT OF KARANTAKA BENGALURU-560 001
3. THE DIRECTOR AND DEAN WP No. 25855 of 2015
IN WP NO. 9741/2021:
BETWEEN:
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH &
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
IN WP.NO. 11595/2021:
BETWEEN:
AND:
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
IN WP.NO.12599/2021:
BETWEEN:
AND:
IN WP.NO. 12509/2023:
BETWEEN:
AND:
3. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH &
SRI K.R.RAJENDRA, AGA FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
IN WP NO. 12555/2023:
BETWEEN:
AND:
3. THE DEAN AND DIRECTOR GOVERNMENT MEDICAL COLLEGE WP No. 25855 of 2015
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
IN WP NO.12559/2023:
BETWEEN:
AND:
3. THE DEAN & DIRECTOR MYSORE MEDICAL COLLEGE AND RESEARCH CENTRE IRWIN ROAD WP No. 25855 of 2015
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
IN WP.NO.13893/2023:
BETWEEN:
AGED ABOUT 50 YEARS R/AT NO.504, 6TH MAIN
2ND
AND:
3. THE STATE OF KARNATAKA DEPARTMENT OF HEALTH &
SRI K.R.RAJENDRA, AGA FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
IN WP.NO.15756/2023:
BETWEEN:
7
8
1ST
AND:
1. THE DEAN & DIRECTOR MYSORE MEDICAL COLLEGE OPPOSITE TO K.R.HOSPITAL WP No. 25855 of 2015
3. THE CHIEF SECRETARY, G.O.K.
SRI K.R.RAJENDRA, AGA FOR R-3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
These writ petitions are filed challenging the order passed by the Labour Court, Mysuru vide Annexure-A in several reference and IID numbers, wherein the Labour Court has allowed all the references/IID in part; declared that the action of II party i.e. the Institution in refusing employment to the workmen as illegal; consequently, directed the II party i.e. the Institution to take back the workmen into service to the post last held by them within the time stipulated in the award.
2. In these batches of petitions, all matters deal with common question of law. The facts are slightly different. There are several categories of cases in these batch of petitions. First category is that the Institution has placed ex parte and the orders were passed ex parte. Second category is that the Institution has appeared and contested the matters and thereafter, the orders were passed. Third category is that the Institution has appeared and counter statement was filed, but evidence not led and documents not marked. The next category is that the Institution has appeared and contested the matters and thereafter, orders were passed. The next category would be the Institution has appeared and contested, but documents are not marked.
3. The genesis of the matter is as under:
The Warden of the Government Students Hostel, which is run by the Principal of the Mysore Medical College and Research Institution, Mysore, which is an Institution registered under the Karnataka Societies Registration Act, 1960, the Institution is governed by its own Memorandum of Association and Rules and Regulations and Bye-laws approved by the Government of Karnataka.
3.1 The Warden is an employee of the Institution who looks after the Hostel of the Institution and has no power of appointment of any kind much less on temporary basis. The Hostel Mess is run by the inmates of the Hostel themselves by contributing certain amounts by them and one of them heads and manages the affairs of the Hostel Mess. The duty of the warden is only to provide the facilities required for the Hostel including utensils and other requirements of the students but he is nothing to do with any employment of Cooks or helpers or any workers in the kitchen.
3.2 A reference was sent by the Government of Karnataka by several orders under Sections 10(1)(c) and (d) of the Industrial Disputes Act, 1947 for adjudication of certain points for reference.
3.3 After the reference was received by the Court, it was registered in several references and notices were issued. In some of the matters, the Institution had appeared and filed their statement. In some of the matters, they have contested; in some of the matters, though they have contested, they have not led any evidence; in some of the matters, though they have contested the matters and led evidence, but they have not marked documents.
3.4 The facts pleaded in the claim statement of the workmen is as follows:
According to the claimants in the claim statement, they were appointed in their respective posts as sweeper, cook and etc. by the Institution for more than several years and they worked in the Institution without any blemish. It is the claim of the claimants in the statement that without assigning any reasons, the Institution refused the employment to the workmen and despite the workmen requesting the Institution to permit them to work, it did not yield any result. Due to which, the workmen were refused employment in the Institution.
3.5 This being the state of affairs, the workmen submitted representations to the Institution. Despite the same, they were not provided with employment nor reinstatement. Therefore, the workmen submitted petitions before the Labour Officer. However, the conciliation did not yield any result. On the failure of the report of conciliation and the same was sent to the Government, on the several references were made by the Government for adjudication of the dispute.
3.6 It was the statement made in the claim petition by the work
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
