Case Note & Summary
The appellant, Management of Bharat Fritz Werner Ltd., filed a writ appeal under Section 4 of the Karnataka High Court Act, 1961, challenging an order dated 21.04.2022 passed by a Single Judge in W.P.No.43940/2011. The Single Judge had dismissed the writ petition challenging an award dated 05.08.2011 passed by the Principal Labour Court, Bangalore in Ref.No.40/1997. The dispute arose from a settlement between the management and the respondent union, which the respondent allegedly violated by staging a strike. The Labour Court had passed an award against the management. The management challenged the award before the Single Judge, who dismissed the writ petition. Aggrieved, the management filed the present writ appeal. During the hearing, the Division Bench raised the issue of maintainability of the writ appeal. The court examined the nature of the proceedings and held that the order of the Single Judge in a writ petition arising from a Labour Court award under the Industrial Disputes Act, 1947, is not a 'judgment' within the meaning of Section 4 of the Karnataka High Court Act, 1961. Therefore, no writ appeal lies against such an order. The court dismissed the appeal as not maintainable, leaving it open to the appellant to avail other remedies in accordance with law.
Headnote
A) Labour Law - Maintainability of Writ Appeal - Section 4 of Karnataka High Court Act, 1961 - Industrial Disputes Act, 1947 - The issue was whether a writ appeal lies against an order of a Single Judge in a writ petition challenging a Labour Court award. The Division Bench held that no writ appeal is maintainable as the order of the Single Judge is not a 'judgment' within the meaning of Section 4 of the Karnataka High Court Act, 1961, and the remedy lies only by way of a special leave petition to the Supreme Court. (Paras 1-10)
Issue of Consideration
Whether a writ appeal under Section 4 of the Karnataka High Court Act, 1961 is maintainable against an order of a Single Judge passed in a writ petition arising from an award of the Labour Court under the Industrial Disputes Act, 1947.
Final Decision
The writ appeal is dismissed as not maintainable. The appellant is at liberty to avail other remedies in accordance with law.
Law Points
- Maintainability of writ appeal against order of Single Judge in a matter arising from Labour Court award under Industrial Disputes Act
- 1947
- Section 4 of Karnataka High Court Act
- 1961
