IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR. JUSTICE L NARAYANA SWAMY AND THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR C.C.C. NO.1607 OF 2018 (CIVIL) BETWEEN:
HMT MACHINE TOOLS KARMIKA SANGHA BENGALURU COMPLEX(R) NO.100 2ND MAIN ROAD, JALAHALLI VILLAGE BENGALURU-560013 REPRESENTED BY ITS GENERAL SECRETRY SABIILION SAMUEL S P. …COMPLAINANT (BY SRI. G BALAJI NAIDU, ADVOCATE) AND:
1. V CHAITRA COMMISSIONER OF LABOUR IN KARNATAKA KARMIKA BHAVANA NEAR DAIRY CIRCLE BANNERGHATTA ROAD BENGALURU -560 029.
2. DR. S.B.RAVIKUMAR DEPUTY LABOUR COMMISSIONER BENGALURU DIVISION-I KARMIKA BHAVANA NEAR DAIRY CIRCLE BANNERGATTA ROAD BENGALURU -560 029.
3. DEVANAND P., REPRESENTED BY ITS GENERAL MANAGER HMT MACHINE TOOLS LTD BENGALURU COMPLEX JALAHALLI BENGALURU -560 013. ...ACCUSED (BY SRI. T RAJARAM FOR A3, ADVOCATE FOR SRI. SRIDHAR.N. HEGDE, HCGP FOR R-1, R-2) **** THIS CCC IS FILED UNDER SECTION 11 AND 12 OF THE CONTEMPT OF COURTS ACT, 1971, BY THE COMPLAINANT, WHEREIN HE PRAYS THAT THE HON'BLE HIGH COURT BE PLEASED TO SECURE THE ACCUSED AND DEAL WITH THEM IN ACCORDANCE WITH LAW FOR AN OFFENCE OF THE ACT OF CONTEMPT OF COURT FOR DISOBEYING THE ORDER OF THIS HON'BLE COURT WILLFULLY AND DELIBERATELY AND NEGLECTING TO COMPLY THE ORDER WILLFULLY AND DELIBERATELY DISOBEYING THE ORDERS PASSED BY THIS HON'BLE COURT DATED 05/03/2018 IN W.P.NO.28447/2017 AT ANNEXURE-'A'.
THIS CCC COMING ON FOR ORDERS THIS DAY, NARAYANA SWAMY J., MADE THE FOLLOWING:
ORDER A direction was issued to hold elections for the Trade Union under the Act so as to enable them to negotiate and bargain between labour and management for the welfare of the labour, so that there cannot be any vacuum or space. Further direction was issued to the respondent No.2, the Commissioner of Labour in Karnataka and Deputy Labour Commissioner, Karmika Bhavana to hold elections to negotiate and bargain with respondent No.5 - HMT Machine Tools Ltd., and was further directed to consider the representation and pass appropriate orders and hold enquiry in recognition of the valid trade union. Non compliance of the said directions resulted in filing of this contempt petition.
2. It is the submissions of the complainant that there was no enquiry and the respondents have not considered the representation. Hence there is willful disobedience and hence he sought for punishing the respondents accused for having committed the offence.
3. We have heard the learned counsel appearing for the parties.
4. Learned counsel for the respondents submitted that the representations of the petitioner has been taken into consideration and a three members committee has been constituted to make an enquiry. The three members namely, Mr. R Jaikumar – JGM (P), Mr. Alok Kumar Behara – JGM (F) and Mr. V V Prasad – AGM (HR) have held an enquiry and submitted a report on 26.12.2018 and the findings are that all the four unions are valid trade unions. The proceedings is also produced along with the counter as per Annexure R27. The caption of the same is that, “The enquiry proceedings held to comply the directions of the Hon’ble High Court of Karnataka in W.P. No.28447/2017 and contempt proceedings in CCC No.1607/2018 in respect of recognition of valid Trade Union by the management of HMT Machine Tools Limited, Bengaluru on 22.12.2018 at 10.30 a.m. in the Board room of HMT Machine Tools Ltd., Jalahalli, Bengaluru.”
5. The submissions of both the learned counsels have been examined in the light of the counter filed and particularly, the proceedings as per Annexure R7 which is the report of the Enquiry Authority. The direction is to hold an enquiry in order to find out valid trade union and for the said purpose the representations of the four unions were examined by the committee constituted for the said purpose and the committee has gone into and submitted the report.
6. The submission of the complainant that there is no enquiry as per the directions cannot be accepted. Holding enquiry depends upon the authorities for and the allegations on which the enquires was initiated. Here, the purpose is to find out valid trade unions for the purpose of participation in the elections. There are four competent trade unions who have participated and the representation with regard to their validity and the same has been examined by the committee constituted duly and it is also reported that all the four trade unions are valid. When it is the finding, the purpose of issuing directions is fulfilled. Under this circumstance, we hold that no further proceedings is required to keep this contempt alive. Hence the proceedings stands dropped.
Sd/- JUDGE Sd/- JUDGE ykl