Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Kar) 33459

KARNATAKA HIGH COURT
MR. SURAJ GOVINDARAJ, J
JSW ENERGY LTD. – Appellant
Versus
GOVERNMENT OF KARNATAKA – Respondent
WP No. 101905 of 2022 AND 6 OTHERS|WP No. 106038 of 2023|WP No. 101114 of 2022|WP No. 101908 of 2022|WP No. 101909 of 2022|WP No. 101911 of 2022|WP No. 101912 of 2022|WP No. 101915 of 2022|WP No. 101920 of 2022

Advocates:
For the Appellants/Petitioners: SRI. PRASHANT F. GOUDAR, Ms. SHEETAL V. KILLEKAR, SRI. B.C. PRABHAKAR, SRI. MALLIKARJUNSWAMY B. HIREMATH
For the Respondents: SRI V.S. KALASURMATH, SRI. SHIVAPRASAD SHANTANGOUDAR, SRI. ABHISHEK PATIL, SRI. RAVI HEGDE, SRI. VINAYKUMAR BHAT

The appropriate government may refer disputes for adjudication without determining the employer-workman relationship; such determinations are reserved for the Industrial Tribunal.

Headnote:(A) Constitution of India - Article 226 - Industrial Disputes Act, 1947 - The petitioner-employer challenged references made by the appropriate government regarding former employees claiming they were ‘workmen’ under Section 2(s) of the Act. The court held that an opinion on employment status is not required for reference; it is sufficient to establish a prima facie industrial dispute. The government does not adjudicate facts but makes references for judicial determination. The references by the appropriate government were upheld, leaving the determination of facts to the Industrial Tribunal. (Paras 27.1, 28.1, 29.1, 31.1)

(B) Industrial Disputes - Resignation - The court clarified that a voluntary resignation terminates the employer-employee relationship unless proven otherwise. If resignations were forced, the relationship may not cease, warranting a reference for adjudication. (Paras 28.11)

Findings of Court:
The appropriate government was justified in its references, and the merits of whether a person is a workman remain within the purview of the Industrial Tribunal. References were made to ascertain the existence of a dispute following multiple resignations claimed to be coerced during a tumultuous employment period amidst COVID-19. (Paras 27.4, 29.2)

Result: All writ petitions dismissed. (Paras 31.1)

Table of Content
1. petitions seek to quash orders of reference. (Para 1 , 2 , 3 , 4)
2. facts relating to various respondents' employment. (Para 11 , 12 , 13 , 14)
3. arguments regarding need for prima facie opinion. (Para 20 , 21)
4. court's statement on referencing disputes. (Para 25 , 26)
5. final decision on the writ petitions. (Para 31)

CAV ORDER

(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

1. The Petitioner-employer in WP No.106038/2023 is before this Court seeking for the following reliefs:

i. Issue a Writ of certiorari or any appropriate order quashing the order of reference dated 05.06.2023 produced vide Annexure-“H”, in Sankhya.Kaae/198/ IDG/2023 passed by Respondent No.1.

ii. Grant any other relief/s as may be deemed fit and proper by this Hon’ble Court, in the interest of justice and equity.

2. The Petitioner-employer in WP No.101114/2022 is before this Court seeking for the following reliefs:

i. Issue a Writ of Certiorari or any appropriate order quashing the Order of Reference dated 07.01.2022 in No. Kaa.e/383/ idg/2021(Annexure-T) passed by Respondent No.1;

ii. Quash the notice dated 21.01.2022 issued by the Principal District and Sessions Judge, Bellary in Appl. 10(1)(c)/4/2022, (Annexure- U).

iii. Grant any other relief/s as maybe deemed fit and proper by this Hon’ble court, in the interest of justice and equity.

3. The Petitioner-employer in WP No.101905/2022 is before this Court seeking for the following reliefs:

i. Issue a Writ of Certiorari or any appropriate order quashing the Order of Reference dated 07.01.2022 in No.Kaa e/392/IDG/2021 passed by Respondent no.1 (Annexure-F) passed by Respondent No.1;

ii. Quash the Notice dated 21.01.2022 issued by the Principal District and Sessions Judge, Bellary in appl.10(1)(c)/7/2022(Annexure-G).

iii. Grant any other relief/s as maybe deemed fit and proper by this Hon’ble court, in the interest of justice and equity.

4. The Petitioner-employer in WP No.101908/2022 is before this Court seeking for the following reliefs:

1. Issue a Writ of Certiorari or any appropriate order quashing the order of reference dated:7.1.2022 in No.kaa e/393/idg/2021 (Annexure-F) passed by Respondent No.1;

2. Quash the Notice dated 21.01.2022 issued by the Principal District and Sessions Judge, Bellary, in Appl.10(1)(c)/13/2022, (Annexure-G).

3. Grant any other relief/s as maybe deemed fit and proper by this Hon’ble court, in the interest of justice and equity.

5. The Petitioner-employer in WP No.101909/2022 is before this Court seeking for the following reliefs:

1. Issue a Writ of Certiorari or any appropriate Order quashing the Order of Reference dated 7.1.2022 in No.Kaa e/382/IDG/2021 (Annexure-R) passed by Respondent No.1;

2. Quash the Notice dated 21.01.2022 issued by the Principal District and Sessions Judge, Bellary, in Appl.No.10(1)(c)/5/2022 (Annexure- S).

3. Grant any other relief/s as maybe deemed fit and proper by this Hon’ble court, in the interest of justice and equity.

6. The Petitioner-employer in WP No.101911/2022 is before this Court seeking for the following reliefs:

i. Issue a Writ of Certiorari or any appropriate order quashing the Order of Reference dated 7.1.2022 in No.Kaa e/386/IDG/2021 (Annexure-Q) passed by Respondent no.1;

ii. Quash the Notice dated 21.01.2022 issued by the Principal District and Sessions Judge, Bellary, in Appl. 10(1)(c)/1/2022,(Annexure- R).

iii. Grant any other relief/s as may be deemed fit and proper by this Hon’ble court, in the interest of justice and equity.

7. The Petitioner-employer in WP No.101912/2022 is before this Court seeking for the following reliefs:

i. Issue a Writ of Certiorari or any appropriate Order quashing the Order of Reference dated 07.01.2022 in No. Kaa e/381/IDG/2021 passed by (Annexure-Q) passed by Respondent No.1 passed by Respondent no.1;

ii. Quash the Notice dated 21.01.2022 issued by the Principal District and Sessions Judge, Bellary, in Appl. 10(1)(c)/6/2022(Annexure-R).

iii. Grant any other relief/s as may be deemed fit and proper by this Hon

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2025 Supreme(Online)(Kar) 33459

The appropriate government may refer disputes for adjudication without determining the employer-workman relationship; such determinations are reserved for the Industrial Tribunal.

Cases Referred (5)