IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE R DEVDAS WRIT PETITION NO.31979/2018 (L-RES) C/W WRIT PETITION NOs.53475-53476/2017 (L-RES) IN W.P.NO.31979/2018 BETWEEN:
THE HINDUSTAN DISTILLERIES (KARNATAKA) FORMERLY M/S GAURI INDUSTRIES (KARNATAKA) PVT. LTD., B.H.ROAD, GAURIBIDANUR-561208, CHICKBALLAPUR DISTRICT, KARNATAKA REPRESENTED BY ITS MANAGING DIRECTOR, MR. T.S.R.KHANNAIYYAN. …PETITIONER (BY SRI NARASIMHA SWAMY N.S, ADV.) AND:
1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR, VIKAASA SOUDHA, BENGALURU-560 001.
2. THE PRESIDENT, KARNATAKA EMPLOYEES FEDERATION(R), A-158, SRI. SREENIVASA NILAYA, VIDYANAGAR, GOURIBIDANUR-561208, CHIKKABALLAPUR DISTRICT.
3. THE PRESIDENT, HINDUSTAN DISTRILLERIES EMPLOYEES UNION(R), NO.48, KACHAMAACHENAHALLI, KENKERE POST, HOSSUR HOBALI-561 210, GOURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT. …RESPONDENTS (BY SMT. PRATHIMA, AGA FOR R1, SRI C.S. MOHAN (PARTY-IN-PERSON) FOR R2 & R3) THIS WRIT PETITION IS FILED PRAYING UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER/CORRIGENDUM DATED 27.01.2018 PASSED BY THE RESPONDENT NO.1 (VIDE ANNEXURE-G) ETC.
IN W.P. NOs.53475-53476/2017 BETWEEN:
1. SRI T.S.R.KHANNAIYYAN, (MAJOR) MANAGING DIRECTOR, NO.66, M/S. HINDUSTAN HEAVY ELECTRICALS PVT. LTD., AVARAMPALYAM ROAD, COIMBATORE, TAMIL NADU.
2. SRI C.V.SATHYANARAYANA, (MAJOR) MANAGER, HINDUSTAN DISTILLERIES (KARNATAKA), FORMERLY M/S. GAURI INDUSTRIES (KARNATAKA) PVT. LTD., B.H.ROAD, GAURIBIDANUR–561208, CHICKBALLAPUR DISTRICT, KARNATAKA. …PETITIONERS (BY SRI PRADEEP KUMAR J, ADV.) AND:
1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LABOUR, 4TH FLOOR, VIKASA SOUDHA, K.R.CIRCLE, AMBEDKAR VEEDHI, BANGALORE.
2. M/S. KARNATAKA EMPLOYEES FEDERATION ® NO.1-158, SRI SRINIVASA NILAYA, VIDHYANAGARA, GAURIBIDANUR-561 208, CHICKBALLAPUR DISTRICT BY ITS PRESIDENT C.S.MOHAN, (MAJOR) 3. M/S. HINDUSTAN DISTILLERIES EMPLOYEES UNION (R), OFFICE AT NO.48, KACHAMACHENAHALLI, KENKRE POST, HOSSUR HOBALI-561 210, GAURIBIDANUR TALUK, CHICKBALLAPUR DISTRICT, BY ITS PRESIDENT SRI K.N.NARASIMHA MURTHY (MAJOR) …RESPONDENTS (BY SMT. M.S.PRATHIMA, AGA FOR R1, NOTICE TO R2 SERVED AND UNREPRESENTED, NOTICE TO R3 HELD SUFFICIENT V/O DATED 12/07/18) THESE WRIT PETITIONS ARE FILED PRAYING UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD:15.9.2017 AT ANNEXURE-O HOLD THAT THE PETITIONERS ARE NOT LIABLE TO BE PROSECUTED FOR VIOLATION OF SECTION 25[O] AND SECTION 25[N] OF THE INDUSTRIAL DISPUTES ACT, 1947.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
The parties to these proceedings have filed joint memos, one in W.P.No.31979/2018 and the other in W.P.Nos.53475- 53476/2017. The joint memo in W.P.Nos.53475-53476/2017 reads as follows:
“It is submitted that the Petitioner, Respondent No.2 and Respondent No.3 have come to an amicable Settlement wherein the Petitioner has agreed to pay Rs.2,30,000/- to each of the 65 Petitioners in the present writ petitions who are seeking relief and shall reinstate 4 employees among them together with Rs.2,30,000/- to each of these 4 employees. It is submitted that, out of 65 workmen, 4 workmen as stated above, have been reinstated with effect from 05.12.2018 at Gauribidanur Factory. In view of this Settlement, the Respondent Nos.2 and 3 agree to withdraw all cases and claims against the Petitioner Company and the Respondent Nos.2 and 3 hereby submit to this Hon’ble Court that they shall not press the present prosecution proceedings pursuant to the Order of the Karnataka Government in Order No. LD 579/IDM 2016 dated 15.09.2017 and Order No. LD 380/IDM 2016 dated 15.09.2017 under the Industrial Disputes Act. Therefore, the parties above named most respectfully submit that this Hon’ble Court may be pleased to pass appropriate Orders and direct the Respondent No.1 to withdraw/close the prosecution proceedings initiated by the Respondent No.1 in the present case, in view of the Memorandum of Settlement dated 01.12.2018. Original copy of the Settlement dated 01.12.2018 is annexed to this Memo as Annexure ‘A’. Further, the Respondent Nos.2 and 3 have addressed a letter dated 18.12.2018 to
pursuant to the disposal of the Industrial Dispute Reference No.20/2016 connected with Reference No.17/2016. A copy of the said letter is also annexed to this Memo as Annexure ‘B’.
Wherefore, this Court may be pleased to dispose off these writ petitions in view of the Memorandum of Settlement dated 01.12.2018 and in view of the Conciliation brought about by the Principal District and Sessions Judge, Chikkaballapura in I.D. Reference No.20/2016 on 27.10.2018 connected with I.D. Reference No.17/2016. The proceedings of the Principal District and Sessions Judge, Chikkaballapura in I.D. Reference No.20/2016 on 27.10.2018 connected with I.D. Reference No.17/2016 is annexed to this Joint Memo as Annexure ‘C’.”
2. In view of the above, the joint memos are taken on record and all the petitions are disposed of in terms of the joint memo, as requested by the parties.
3. In view of the disposal of these writ petitions, the corrigendum issued by the respondent No.1 at Annexure ‘G’ dated 27.01.2018 in W.P.No.31979/2018 and the order passed by the respondent-State Government at Annexure ‘O’ dated 15.09.2017 in W.P.Nos.53475-476/2017 are hereby quashed.
JT/- CT-HR SD/- JUDGE