IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.11561 OF 2019 (L-RES) C/W WRIT PETITION No.11562 OF 2019 (L-ID) C/W WRIT PETITION No.11563 OF 2019 (L-RES) IN W.P. No.11561/2019 BETWEEN:
M/S. IFB AUTOMOTIVE (P) LTD NO.16, VISVESWARAIAH INDUSTRIAL ESTATE 1ST MAIN ROAD WHITEFIELD ROAD MAHADEVAPURA BANGALORE-560 048 BY ITS’ G.M. HR & ADMINISTRATION MR. G.S.V.MURTHY … PETITIONER (BY SHRI. JOSEPH KANIKARAJ, ADVOCATE) AND:
1. THE GENERAL SECRETARY ENGINEERING AND GENERAL WORKERS UNION ”GHATIBHAVANA” GYATHRIDEVI PARK EXTENSION VYALIKAVAL, BANGALORE-560 003 2. M/S BEERENDAR PARUL ENGINEERING SERVICES NO. B-124, I.T.I., ANCILLARY INDUSTRIAL ESTATE MAHADEVAPURA POST WHITEFIELD ROAD BANGALORE-560 004 REPRESENTED BY IT’S PROPRIETOR SRI. PINAKI MAJUMDAR 3 . M/S SHRUTHI ENTERPRISES NO.46, 4TH MAIN ROAD BANASHANKARI 3RD STAGE BANGALORE-560 085 BY IT’S PROPREITOR SRI. H.S. SATHYANARAYANA SWAMY 4 . M/S KARNATAKA KLEENING CORPORATION NO.805, 8, 6TH CROSS, N.N.COLONY YESHWANTHPUR, BANGALORE-560 022 BY IT’S PROPRIETOR SRI. G. SHIVA KUMAR 5 . M/S LIBRAN ENTERPRISES NO.447, 7TH MAIN, 2ND BLOLCK H.R.B.R.LAYOUT, KALYAN NAGAR BANGALORE-560 043 BY IT’S PROPRIETOR SRI. SAMPATH KUMAR 6 . STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY LABOUR DEPARTMENT VIKASA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE-560 001 ... RESPONDENTS (BY SHRI. K.B. NARAYANASWAMY, ADVOCATE FOR R-1; SHRI. A. HANUMANTHAPPA, ADVOCATE FOR R2 & R5; R3 & R4 – SERVED;
SHRI. M.V. RAMESH JOIS, AGA FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.12.2017 PASSED BY THE R-6 REFERRING THE SAID DISPUTE FOR ADJUDICATION TO THE HON’BLE II ADDITIONAL LABOUR COURT, BANGALORE IN REF. NO.15/2018, APPENDED TO THE PETITION AS ANNEXURE-Q IN W.P. No.11562/2019 BETWEEN:
M/S. IFB AUTOMOTIVE (P) LTD NO.16, VISVESWARAIAH INDUSTRIAL ESTATE 1ST MAIN ROAD WHITEFIELD ROAD MAHADEVAPURA BANGALORE-560 048 BY IT’S G.M. HR & ADMINISTRATION MR. G.S.V.MURTHY … PETITIONER (BY SHRI. J. KANIKARAJ, ADVOCATE) AND:
1. SHIVARAJ R MAJOR, NO.84, ASWATHNARAYANA BUILDING 13TH CROSS, NEAR BALAJI CLINIC GARUDACHAR PALYA MAHADEVAPURA POST BANGALORE-560 048 2 . M/S KARNATAKA KLEENING CORPORATION NO.805, 6TH CROSS, N.N.COLONY YESHWANTHPUR, BANGALORE-560 022 REPRESENTED BY IT’S PROPRIETOR SRI. G. SHIVA KUMAR 3 . STATE OF KARNATAKA REPRESENTED BY IT’S UNDER SECRETARY LABOUR DEPARTMENT VIKASA SOUDHA DR.AMBEDKAR VEEDHI BANGALORE-560 001 ... RESPONDENTS (BY SHRI. S.V. SHASTRI, ADVOCATE FOR R1; R2-SERVED;
SHRI. M.V. RAMESH JOIS, AGA FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 10.05.2018 PASSED BY THE R-3 REFERRING THE SAID DISPUTE FOR ADJUDICATION TO THE HON’BLE III ADDITIONAL LABOUR COURT, BANGALORE, IN REF NO:40/2018, APPENDED TO THE PETITION AS ANNEXURE-E AND ETC IN W.P. No.11563/2019 BETWEEN:
M/S. IFB AUTOMOTIVE (P) LTD NO.16, VISVESWARAIAH INDUSTRIAL ESTATE 1ST MAIN ROAD WHITEFIELD ROAD MAHADEVAPURA BANGALORE-560 048 BY IT’S G.M. HR & ADMINISTRATION MR. G.S.V.MURTHY … PETITIONER (BY SHRI. J. KANIKARAJ, ADVOCATE) AND:
1. GENERAL SECRETARY ENGINEERING & GENERAL WORKERS UNION GHATI BHAVAN GAYATHRIDEVI PARK EXTENSION VYALIKAVAL BANGALORE-560 003 2. STATE OF KARNATAKA REPRESENTED BY IT’S UNDER SECRETARY LABOUR DEPARTMENT VIKASA SOUDHA DR.AMBEDKAR VEEDHI BANGALORE-560 001 ... RESPONDENTS (BY SHRI. M.V. RAMESH JOIS, AGA FOR R2;
SHRI. K.B. NARAYANASWAMY, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.06.2018 PASSED BY THE R-2 REFERRING THE SAID DISPUTE FOR ADJUDICATION TO THE HON’BLE II ADDITIONAL LABOUR COURT, BANGALORE IN REF.NO.31/2018, APPENDED TO THE PETITION AS ANNEXURE-E THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Though, these three petitions are listed for consideration of interim prayer, with consent of learned advocate for petitioner, learned AGA and learned advocate for contesting respondents, the same are taken up for final disposal.
2. Briefly stated the facts are, 230 workmen working in M/s.
IFB Automotive Private Ltd., Bengaluru, sought regularization of their employment. By order dated 24.07.2017, Government referred the dispute under Section 10(1)(c) of the Industrial Dispute Act, 1947. It is registered as I.D.No.103/2017 in the Court of Industrial Tribunal, Bengaluru. The statement of claim has been filed by the workers Union. Management has filed its statement of objections. The dispute is pending consideration. In the meanwhile, Management terminated the contract with the four labour contractors. The workmen Union raised another dispute and the same has been referred by the Government by order dated 18.12.2017 to II Additional Labour Court, Bengaluru, in Reference No.15/2018. Claim statement has been filed by the Union in the said case also.
3. Out of 230 workmen, who lost their job pursuant to cancellation of labour contract, one workman namely, R.Shivaraj has raised an independent dispute. The same has been referred by the Government vide order dated 10.05.2018 to III Additional Labour Court, Bengaluru, in Reference No.40/2018. He has filed his claim statement. Similarly, 11 other workmen also raised separate dispute again through the Union. Government have referred the dispute vide order dated 13.06.2018 to II Additional Labour Court, Bengaluru, and the same has been registered as Reference No.31/2018. Workmen have field their claim statement.
4. Shri Joseph Kanikaraj, learned advocate for petitioner submitted that Management’s specific stand is that 230 workmen were supplied by four different contractors. They are not on the rolls of M/s. IFB Automotive Private Ltd. Workmen went to the Labour Conciliation Officer. Government have referred the matter in I.D.No.103/2017. In the meanwhile, Management terminated the labour contractors. In substance, workmen are seeking regularization. All contentions of workmen can be considered in I.D.No.103/2017. In the circumstances, the three other references made by the Government are unnecessary.
5. Shri K.B.Narayanaswamy, learned advocate for the contesting respondent in References No.15/2018 & 31/2018 and Shri S.V.Shastri, learned advocate for contesting respondent in Reference No.40/2018 do not dispute that issue can be comprehensively dealt in I.D.No.103/2017. In the circumstances, continuation of proceedings in References No.15, 31 & 40 of 2018 are unnecessary because both workmen and Management will have to conduct three additional cases on the very same issue in three different Courts. Hence, the following;
ORDER (i) Order dated 18.12.2017 leading to registration of Reference No.15/2018 pending on the file of II Additional Labour Court, Bengaluru, challenged in WP.No.11561/2019 is quashed;
(ii) Order dated 10.05.2018 leading to registration of Reference No.40/2018 pending on the file of III Additional Labour Court, Bengaluru, challenged in WP.No.11562/2019 is quashed;
(iii) Reference Order dated 13.06.2018 leading to registration of Reference No.31/2018 pending on the file of II Additional Labour Court, Bengaluru, challenged in WP.No.11563/2019 is quashed; and (iv) All contentions of workmen raised in the aforesaid references are kept open with liberty to urge in I.D.NO.103/2017.
Petitions are disposed of. No costs.
Sd/- JUDGE AV