KAMALABAI Vs. V K PATTAR

JUDGEMENT

(1.) THIS Appeal is preferred against the order dated 29. 9. 1999 passed by the learned Single Judge in W. P. No. 20996/97 dismissing the Writ Petition for non-prosecution.

(2.) THE facts leading to this Appeal are as hereunder:-The appellant-Karnataka State Road Transport Corporation challenged the award of the Labour Court dated 19. 9. 1996 in reference No. KID 55/1995 where the reference was accepted and the appellant was directed to reinstate the respondent with 50% backwages and continuity of service and consequential benefits. It appears the respondent has been reinstated in terms of the above order and is working with the Corporation. The notice of the Writ petition could not be served on the respondent despite several attempts. Thereafter, the learned Counsel for the appellant stated that several letters were sent to the Corporation to furnish the correct address and there was no response from them furnishing the correct address and therefore he expressed his inability to take notice to the respondent. In the aforesaid circumstances on 23,9. 1999 the writ Petition as against the first respondent came to be dismissed for non-prosecution. Consequently, by the impugned order dated 29. 9. 1999 the Writ Petition came to be dismissed as a whole as the second respondent in the Writ Petition was the Labour Court, a formal party.

(3.) WHILE dismissing the Writ Petition for non-prosecution thelearned Single Judge placed on record the non-co-operation given by the appellant to its counsel in furnishing the correct address. Thereafter, he was constrained to hold as under:-