HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29^TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MS. JUSTICE TARA VITASTA GANJU WRIT APPEAL NO. 472 OF 2024 (L-RES)

C/W WRIT APPEAL NO. 481 OF 2024 (L-RES)

IN WA No. 472/2024:

BETWEEN:

PARLE WORKERS UNION REG. NO.D.R.T (B-3) 10/2010-1125, 4^TH CROSS, BYRAPPA LAYOUT NAGASHETTY HALLI, BANGALORE-560094 REPRESENTED BY ITS PRESIDENT.

…APPELLANT Digitally signed by (BY SMT. MAITREYI KRISHNAN, ADVOCATE)

VASANTHA KUMARY B K Location: Hi gh AND:

Court of Karnataka

1. GOVERNMENT OF KARNATAKA DEPARTMENT OF LABOUR, VIKAS SOUDHA, VIDHANA VEEDHI, BANGALORE-560001 BY ITS PRINCIPAL SECRETARY.

2. M/S PARLE PRODUCTS PVT LTD 15 K.M. STONE, TUMKUR ROAD (N.H.NO.4)

BANGALORE-560073 HC-KAR REPRESENTED BY SRI B. BALACHANDRA RAI, FACTORY MANAGER.

…RESPONDENTS (BY SRI. MOHAMMAD JAFFER SHAH, AGA FOR R1;

SRI. B.C. PRABHAKAR, ADVOCATE FOR R2)

THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING, 1961 TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 19.02.2024 IN W.P.NO.12702/2012 AND CONSEQUENTLY DISMISS THE WRIT PETITION AND ETC.

IN WA NO. 481/2024:

BETWEEN:

PARLE WORKERS UNION REG NO. D.R.T. (B-3) 10/2010-1125, 4^TH CROSS, BYRAPPA LAYOUT, NAGASHETTY HALLI, BANGALORE-560094 REPRESENTED BY ITS PRESIDENT.

…APPELLANT (BY SMT. MAITREYI KRISHNAN, ADVOCATE)

AND:

1. GOVERNMENT OF KARNATAKA DEPARTMENT OF LABOUR , VIKAS SOUDHA, VIDHANA VEEDHI BANGALORE-560 001 BY ITS PRINCIPAL SECRETARY.

2. M/S PARLE PRODUCTS PVT LTD 15, K.M. STONE, TUMKUR ROAD (N.H.NO.4)

BANGALORE-560073 REPRESENTED BY SRI B. BALACHANDRA RAI FACTORY MANAGER.

…RESPONDENTS HC-KAR (BY SRI. MOHAMMAD JAFFER SHAH, AGA FOR R1;

SRI. B.C.PRABHAKAR, ADVOCATE FOR R2)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO CALL FOR THE RECORDS IN WP No.28183/2024 AND GRANT THE APPELLANT THE FOLLOWING RELIEF a) SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 19.02.2024 IN WP No.28183/2013 AND CONSEQUENTLY ALLOW THE WRIT PETITION AND ETC.

THESE APPEALS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL COMMON JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)

In both the writ appeals, the judgment and order dated 19.02.2024 passed by the learned Single Judge in W.P.No.12702/2012 connected with W.P.No.28183/2013 are impugned. It appears that the workers of respondent No.2-Management went on a strike demanding reinstatement of the workers who were suspended by the Management. As the workers had gone on strike, the HC-KAR management had declared the lockout on its factory situated in Bangalore. The question as to whether the lockout of the factory declared on 22.08.2011 was just and legal and whether the workers were justified in going on a strike are the questions, which have been referred by the State Government to the Labour Court/Industrial Tribunal under Section 10(1)(c) of the Industrial Disputes Act, 1956 (for short, ‘ID Act,1956’).

2. The terms of reference dated 10.04.2012 made by the State Government referring the dispute to the Labour Court or the Industrial Tribunal, which reads as under: “Order Government of Karnataka is of the opinion that there is an industrial dispute between the Management of M/s Parle Products Pvt Ltd. and the Workers in regard to the workers going on strike and it is necessary to refer the industrial dispute for adjudication.

Therefore exercising power under the rule of Industrial dispute act 1947 (central 14, 1947) 10th case Para (1) sub-case (c)(d) Government of Karnataka has referred this dispute to the 1st Additional labour court Bengaluru for HC-KAR adjudication and to give judgment on the dispute within a period of six months.

Points of Reference:-

1. Are the actions of the Management Ms Parle Product Pvt Ltd Bangaluru, president, Parle Workers union No.25, 4th cross, Byrappa layout Nagashettihalli, Bengalore in declaring a lock out of