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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ANANT RAMANATH HEGDE
Ramamurthy C K – Appellant
Versus
Bosch Limited – Respondent
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ORDER :
ANANT RAMANATH HEGDE, J.
These two batches of Writ Petitions involve petitions by both the Employer and the Workmen.
(i) 92 workmen filed Writ Petition No.17695/2021.
(ii) 40 workmen filed Writ Petition No.12656/2021, and one of the petitioners died during the pendency of the petition.
(iii) 10 workmen filed Writ Petition No.21703/2021
(iv) 23 workmen filed Writ Petition No.1434/2022. In all, 165 former workmen of the respondent company are the petitioners in the aforementioned writ petitions.
2. In all four petitions referred to above, workmen have assailed the validity of the settlement dated 08.02.2017, wherein the Deputy Labour Commissioner, Region- 2, Bengaluru/the Conciliation Officer has accepted the settlement said to have been entered into between the Workmen and the Management.
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3. Writ Petition No.23395/2021 is filed by the Company against 110 workmen assailing the order dated 28.06.2021, in LD-IDM/334/2021-LD-DO-6 passed by the appropriate Government, referring the dispute for adjudication pending in Ref.No.11/21.
4. Writ Petition No.23786/2021 is filed by the Company against 40 workmen, assailing the reference order dated 09.03.2021 in LD-IDM/104/2021-LD-DO-6 passed by
Joint requests for conciliation can occur post-failure reports, and the Government must critically assess any settlement's validity, especially regarding claims of coercion.
The main legal point established in the judgment is that settlements entered into in Industrial Disputes are valid and legal, even though provisions similar to Order XXIII Rule 3 CPC do not exist in ....
Settlements reached in conciliation proceedings bind all employees, not limited to union members, ensuring rights to unimplemented agreements.
The court ruled individual workmen can settle disputes but such settlements are not binding on the union or non-signatory workmen, reaffirming the importance of collective bargaining.
The main legal point established in the judgment is the validity and binding nature of settlements in industrial disputes, even if not confirmed by both parties, under Section 18(1) of the ID Act.
The main legal point established in the judgment is that a dispute under the Industrial Disputes Act can only be considered a dispute if a specific demand has been made by the workmen, and any refere....
The court ruled that without establishing an employer-employee relationship, reference under Section 10 of the Industrial Disputes Act is inappropriate; contracts are valid unless proven otherwise.
The court upheld the validity of a reference order made under the Industrial Disputes Act, emphasizing the administrative nature of such references and allowing the Tribunal to adjudicate claims from....
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