PEARLITE LINERS PRIVATE LIMITED Vs. B. BASAVARAJAPPA

JUDGEMENT

(1.) These petitions are by the defendants in O.S. No.294/2017 on the file of the Principal Civil Judge and JMFC, Shivamogga [for short, 'the civil Court']. The common respondent has filed the suit in O.S. No.294/2017 for permanent injunction for restraining the petitioners from issuing orders for his superannuation with effect from 2/6/2017 pursuant to the letter dtd. 1/4/2017. It is obvious that the dispute is between the employer and the employee, and it relates to age of retirement.

(2.) The respondent even in the plaint has referred to the notification issued under the provisions of the Karnataka Industrial Employment [Standing Orders] Act, 1946, and the civil Court by the order, which is impugned in the writ petition in W.P. No.30426/2017, while deciding on an application filed by the petitioners under Order VII Rule 10 of the Code of Civil Procedure, 1908 [for short, 'the CPC'], has directed the petitioners to maintain status quo i.e.., continuation of the respondent in service. With the petitioners filing an application under Sec. 10 of CPC, in view of the pendency of writ petition in W.P. No.30426/2017, the civil Court has rejected such application by its order dtd. 4/10/2017 while reiterating its orders for maintenance of status quo, and as such, the writ petition in W.P. No.48372/2017 is filed.

(3.) Sri. Somashekar, the learned counsel for the petitioners, is heard and the records perused in the light of the subsequent order dtd. 19/12/2017 by the Deputy Labour Commissioner and Standing Orders Certifying Officer, Hassan Division, Hassan, and the statement that the respondent, with this order dtd. 19/12/2017, has received his retiral benefits and has ceased to be in employment and the benefits have been paid on 5/8/2019.