High CourtsDivision Bench(2010) 09 KAR CK 0112

Fortune Packaging Pvt. Ltd. vs Bangalore Karmika Sangha and Ajmera Container Corporation

Karnataka High Court · Decided on 24 September 2010

HON’BLE JUDGES
V.G. Sabhahit, J · B.V. Nagarathna, J
RESULT
Dismissed
CASE NUMBER
Writ Appeal No. 1353 of 2008

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Judgment

3 paragraphs · 257 words

V.G. Sabhahit, J.—This appeal is filed by the Petitioner in W.P. No. 43815/2006, being aggrieved by the order passed by the learned single Judge of this Court dated 12.11.2007, wherein the Judgment and award passed by the Presiding Officer, I Additional Labour Court, Bangalore, dated 24.09.2002 in Reference No. 118/1995, has been set aside on the ground that the writ Petitioner - management was not afforded sufficient opportunity before passing of the award by the Labour Court and the matter has been remitted to the Labour Court with a direction to dispose of the same afresh in accordance with law after providing opportunity to both the parties, within six months from the date of receipt of copy of the order dated 12.11.2007. It was further ordered that remand to the Labour Court is subject to the condition that the writ Petitioner shall comply with the provisions of Section 17(b) of the Industrial Disputes Act, 1947, and pay the wages to the first Respondent - workmen as per the said Section from the date of writ petition i.e., 27.09.2006 till the termination of proceedings before the Labour Court at the rate of minimum wages.

2.

The learned Counsel appearing for the Respondents submitted that after remand, the Labour Court has passed a final award on 23.03.2009 and copy of the same is produced. In view of the same, the learned Counsel appearing for the Appellant - writ Petitioner does not dispute that this writ appeal has become infructuous.

Accordingly, the Writ Appeal is dismissed as having become infructuous.